Owners Corporations Act 2006
Act No. 69/2006
TABLE OF PROVISIONS
Section
Page
PART 1—INTRODUCTORY
1.
2.
3.
1
Purposes
Commencement
Definitions
1
2
2
PART 2—FUNCTIONS AND POWERS OF OWNERS
CORPORATION
6
Division 1—Functions and Powers of Owners Corporation
6
4.
5.
6.
7.
8.
9.
10.
11.
Functions of owners corporation
Owners corporation must act in good faith
Powers of owners corporation
Owners corporations for 2-lot subdivisions
Owners corporations that are limited to common property
Power to employ or engage persons
Power to execute documents etc.
Power to delegate
Division 2—Powers Relating to Services
12.
13.
Provision of services to members and occupiers
Owners corporation not to carry on business
Division 3—Powers Relating to Property
14.
15.
16.
17.
Leasing or licensing of the common property
Power to obtain lease or licence over land
Power to acquire and dispose of personal property
Owners corporation must not mortgage or charge common
property
Division 4—Power to Bring Legal Proceedings
18.
Power to bring legal proceedings
i
6
7
7
8
8
8
9
9
9
9
10
10
10
10
10
11
11
11
Section
Page
Division 5—The Common Seal
19.
20.
21.
22.
11
The common seal
When can the common seal be used?
Who must witness the use of the common seal?
Judicial notice of use of common seal
11
11
12
12
PART 3—FINANCIAL MANAGEMENT
13
Division 1—Financial Powers
13
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Owners corporation may levy fees
Extraordinary fees
Power to borrow money
Power to invest
Bank account
Liability of lot owners
Penalty interest on arrears
Recovery of money owed
Fee notice
Final notice
Division 2—Accounts and Audit
33.
34.
35.
17
Financial records
Financial statements
Audit of accounts of owners corporations
Division 3—Maintenance Plan
36.
37.
38.
39.
Maintenance plan
What must a maintenance plan contain?
When does a maintenance plan have effect?
Report on approved maintenance plan
51.
19
20
20
21
21
Establishment of maintenance fund
What is the maintenance fund for?
Payments into maintenance fund
Payments from maintenance fund
Extraordinary payments from maintenance fund
Extraordinary payments for urgent matters
Division 5—Asset Management
46.
47.
48.
49.
50.
17
18
18
19
Division 4—Maintenance Fund
40.
41.
42.
43.
44.
45.
13
13
14
14
14
15
15
16
16
16
21
21
21
22
22
22
23
Owners corporation to repair and maintain common property
Owners corporation must repair and maintain services
Lots not properly maintained
Cost of repairs, maintenance or other work
When can an owners corporation authorise a person to enter a
lot?
What notice of entry must be given?
ii
23
23
24
25
25
25
Section
52.
53.
Page
Significant alteration to common property requires special
resolution
Upgrading of common property
Division 6—Insurance
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
26
27
27
What is an insurable building?
Members may take out insurance
Owners corporation has insurable interest
Amount payable under owners corporation insurance
Insurance if lot mortgaged
Reinstatement and replacement insurance
Public liability insurance
Insurance for lots in multi-level developments
Owners corporation may have additional insurance
Insurance not required where there is no common property
Insurance not required where another owners corporation has
insured
Valuation of buildings
27
28
28
28
28
29
30
31
31
32
32
32
PART 4—MEETINGS AND DECISIONS OF OWNERS
CORPORATION
33
Division 1—First Meeting of Owners Corporation
33
66.
67.
68.
When must the first meeting be held?
What documents must be provided at the first meeting?
Obligations of initial owner
Division 2—Annual General Meeting
69.
70.
71.
72.
Annual general meeting
Who may convene annual general meetings?
Agenda for annual general meeting
Notice of annual general meetings
Division 3—Special General Meetings
73.
74.
75.
76.
What is a special general meeting?
Who can convene a special general meeting?
Agenda for special general meeting
Notice of special general meetings
Division 4—Procedure at General Meetings
77.
78.
79.
80.
81.
82.
Quorum for a general meeting
Can a general meeting proceed even without a quorum?
Who chairs the general meeting?
Procedure at meeting
Minutes of meetings
Owners corporation may require certain matters to be dealt
with at general meetings
iii
33
33
34
35
35
35
36
36
37
37
37
38
38
38
38
39
40
40
40
41
Section
Page
Division 5—Ballots
83.
84.
85.
86.
41
Who can arrange a ballot?
How can a ballot be conducted?
Notice of ballot
Resolution by ballot
Division 6—Proxies and Powers of Attorney
87.
88.
89.
Proxies
Voting under power of attorney
Person not to require a lot owner to give a power of attorney
or proxy
Division 7—Decisions of Owners Corporation
90.
91.
92.
93.
94.
95.
96.
97.
Resolutions by meeting or ballot
One vote for each lot
Voting at a meeting
Does the chairperson have a casting vote?
Can a lot owner vote if fees are unpaid?
What is a unanimous resolution?
What is a special resolution?
Interim special resolutions
Division 8—Office-holders
98.
99.
41
41
42
42
43
43
44
45
45
45
45
45
46
46
46
47
47
48
Chairperson of owners corporation
Secretary
PART 5—COMMITTEES
48
48
50
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
Election of committee
Functions and powers of committee
Delegation by committee
Membership of committees
Casual vacancies on a committee
Chairperson of committee
Acting chairperson
Secretary of committee
How can a meeting of a committee be called?
Notice of meetings
Co-opted members
Ballots
Proceedings of committee
Resolutions of committee to be resolutions of owners
corporation
114. Minutes
115. Committee to report
iv
50
50
50
51
52
52
52
52
52
53
53
53
54
55
55
55
Section
Page
116. Sub-committees
117. Duties of committees and sub-committees
118. Immunity of committee members
PART 6—MANAGERS
119.
120.
121.
122.
123.
124.
125.
126.
127.
58
Appointment and removal of manager
Functions of manager where there is a committee
Functions of manager where there is no committee
Duties of manager
Immunity of volunteer manager
Delegation
VCAT may appoint manager
Report
Manager to return records
PART 7—DUTIES AND RIGHTS OF LOT OWNERS AND
OCCUPIERS
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
Compliance with laws
Care of lots
Care of common property
Overhanging eaves
Right to decorate interior walls, floors and ceilings
Notice of planning and building applications and plans of
subdivision
Address of new owners
Address of absent owners
Advice to occupiers
Duties of occupiers of lots
PART 8—RULES OF THE OWNERS CORPORATION
138.
139.
140.
141.
142.
143.
56
56
56
Power to make rules
Model rules
Rules to be of no effect if inconsistent with law
Who is bound by the rules?
Recording of rules
Rules to be given to lot owners
58
58
59
59
59
60
60
60
60
61
61
61
61
61
61
62
62
62
62
63
64
64
64
64
65
65
66
PART 9—RECORDS
67
Division 1—Keeping of Records
67
144. Keeping of records
145. How long must records be kept?
146. Availability of records
v
67
68
68
Section
Page
Division 2—Owners Corporation Register
147.
148.
149.
150.
Owners corporation register
What must be kept on the owners corporation register?
In what form must the register be kept?
Availability of register
Division 3—Owners Corporation Certificate
69
69
69
70
70
71
151. Owners corporation certificate
71
PART 10—DISPUTE RESOLUTION
74
Division 1—Complaints and Procedures
74
152.
153.
154.
155.
156.
157.
158.
159.
Complaints
Decision whether to take action in respect of alleged breach
Notice of decision not to take action
Notice to rectify breach
What if the person does not rectify the breach?
Final notice
How may notice be given?
Report to annual general meeting
Division 2—Powers of Director
74
74
75
76
76
77
78
78
79
160. Making a complaint
161. Conciliation and mediation
79
79
PART 11—APPLICATIONS TO VCAT
81
Division 1—Owners Corporation Disputes
81
162.
163.
164.
165.
166.
167.
168.
169.
VCAT may hear and determine disputes
Who may apply to VCAT in relation to a dispute?
VCAT may dismiss application
What orders can VCAT make?
Penalty for breach of rules
What must VCAT consider?
Monetary orders
Notice to Business Licensing Authority
Division 2—Exemption Orders
81
81
82
82
84
84
85
85
86
170. Owners corporation may apply to VCAT for exemption
171. VCAT may make exemption order
Division 3—Restriction of Access to Records
172. Application to VCAT to restrict access to information
vi
86
86
87
87
Section
Page
Division 4—Appointment of Administrator
173.
174.
175.
176.
177.
Application for appointment of administrator
Appointment of administrator
Remuneration of administrator
Powers and responsibilities of administrator
Administrator to act in good faith
87
87
87
88
88
88
PART 12—REGISTRATION OF MANAGERS
89
Division 1—Managers to be Registered
89
178.
179.
180.
181.
182.
183.
184.
185.
186.
187.
188.
189.
190.
191.
Offence to act as manager without being registered
Eligibility for registration
Application for registration
Further information
Registration
Annual registration fee and statement
Extension of time
Failure to lodge annual statement
Automatic cancellation of registration
Death, disability etc. of registered manager
If details given in application or annual statement change
Offence to supply false or misleading information
Cancellation of registration if false information is given
Application for review
Division 2—Register of Managers
192.
193.
194.
195.
196.
197.
95
Register of managers
Purposes of register of managers
What must the register of managers contain?
Inspection of register of managers
Removal of information from register of managers
Duty of Licensing Registrar
Division 3—General
95
95
96
97
98
98
98
198. Provision of information for the purposes of this Act
199. Application of Fair Trading Act 1999
PART 13—GENERAL
200.
201.
202.
203.
204.
205.
89
89
89
90
90
91
91
92
92
93
94
94
94
95
98
98
100
Approved forms
Money to be paid to Victorian Property Fund
Certain provisions of contracts void
Who may bring proceedings for offences?
Regulation-making powers
Transitional provisions
vii
100
100
100
100
101
102
Section
Page
PART 14—AMENDMENT OF SUBDIVISION ACT 1988
206.
207.
208.
209.
210.
211.
103
Definitions
Application of Act
Council role
Easements and other rights
Registration of plan
New Part 5 substituted
103
104
104
105
105
105
PART 5—SUBDIVISIONS WITH OWNERS
CORPORATIONS
105
Division 1—Creation of Owners Corporation
105
27.
27A.
105
27B.
27C.
27D.
27E.
27F.
27G.
27H.
28.
29.
How is an owners corporation created?
If there is common property an owners corporation
must be created
What is an unlimited owners corporation?
What is a limited owners corporation?
Restriction on creation of owners corporations
Creation of rules
Plan must specify lot entitlement and lot liability
Plan may specify limitations
Registrar to record information
Creation of owners corporation
Owners corporation excluded from Corporations
legislation
106
106
106
107
108
108
109
109
109
110
Division 2—Common Property
110
30.
31.
110
31A.
Vesting of common property
Registrar must create folio of Register for common
property
Dealings in common property
111
111
Division 3—Alteration of a Subdivision
112
32.
Powers to alter subdivision
32AA. Powers do not apply to certain changes relating to
common property
32AB. No power to compulsorily acquire
32AC. Creation of roads and reserves
32AD. Registration of plan
32AE. Lot liability and lot entitlement
32AF. Land to which powers may apply
32AG. Dissolution of owners corporation
32AH. Merger of owners corporations
32AI. Consolidation, subdivision or alteration
32AJ. Restriction on alteration to plan
112
viii
114
115
115
115
116
116
117
117
118
119
Section
Page
32AK. Identity of owners corporation not affected by
alteration of plan
32AL. Registration of plan of consolidation
119
120
Division 4—General Provisions Relating to Plans
121
32A.
32B.
33.
34.
121
121
122
122
Total consolidation or re-subdivision
New plan may create owners corporation
How can lot entitlement and liability be altered?
Recording of changes to a plan
Division 5—Disputes and Other Proceedings Relating to
Owners Corporations
34A.
34B.
34C.
34D.
34E.
34F.
212.
213.
214.
215.
216.
Disputes relating to owners corporations—general
Disputes about easements
VCAT may refer matter to County Court
Applications relating to plans
Application for order requiring owners corporation
to comply
Order to Registrar
123
123
123
124
124
127
127
Division 6—Winding up of Owners Corporation
127
34G. Winding up of an owners corporation
34H. Cancellation or amendment of plan on winding up
References to body corporate
Repeal of section 38
Other disputes arising under Subdivision Act 1988
Regulations
New sections 47 and 48 inserted
47.
Transitional—Owners Corporations Act 2006
48.
Continuation of proceedings
127
128
129
130
130
130
130
130
131
PART 15—AMENDMENT OF SALE OF LAND ACT 1962
217. New section 9AAA substituted
9AAA. Insurance
218. New section 11 substituted
11.
Owners corporation must have insurance policy
219. Section 32 certificate
PART 16—AMENDMENT OF OTHER ACTS
220. Amendment of Business Licensing Authority Act 1998
221. Amendment of Domestic Building Contracts Act 1995
222. Amendment of Limitation of Actions Act 1958
7C.
Adverse possession of common property
ix
132
132
132
132
132
133
134
134
134
135
135
Section
Page
223. Amendment of Victorian Civil and Administrative
Tribunal Act 1998
224. Amendment of Other Acts
__________________
135
136
SCHEDULES
137
SCHEDULE 1—Power to Make Rules of Owners Corporation
137
SCHEDULE 2—Transitional Provisions
139
SCHEDULE 3—Consequential Amendments
142
═══════════════
ENDNOTES
147
INDEX
148
x
Victoria
No. 69 of 2006
Owners Corporations Act 2006†
[Assented to 19 September 2006]
The Parliament of Victoria enacts as follows:
PART 1—INTRODUCTORY
1. Purposes
The main purposes of this Act are—
(a) to provide for the management, powers and
functions of owners corporations; and
(b) to provide for appropriate mechanisms for
the resolution of disputes relating to owners
corporations; and
1
Owners Corporations Act 2006
Act No. 69/2006
Part 1—Introductory
s. 2
(c) to amend the Subdivision Act 1988 in
relation to the creation of owners
corporations.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2007, it comes into
operation on that day.
3. Definitions
In this Act—
"amend" in relation to a rule, includes add to or
replace;
"approved form" means form approved by the
Director under section 200;
"bank account" means an account with an
authorised deposit-taking institution within
the meaning of the Banking Act 1959 of the
Commonwealth;
"building" includes—
(a) a structure and part of a building or a
structure; and
(b) walls, out-buildings, service
installations and other appurtenances of
a building; and
(c) a boat or a pontoon which is
permanently moored or fixed to land;
"business day" means a day that is not—
(a) a Saturday or Sunday; or
(b) a public holiday appointed under the
Public Holidays Act 1993;
2
Owners Corporations Act 2006
Act No. 69/2006
Part 1—Introductory
"Business Licensing Authority" means the
Business Licensing Authority established
under the Business Licensing Authority
Act 1998;
"common property" means land shown as
common property on a plan of subdivision or
a plan of strata or cluster subdivision;
"Council" means the Council of the municipal
district in which the land in the plan is
located;
"CPA Australia" means CPA Australia
A.C.N. 008 392 452;
"Director" has the same meaning as it has in the
Fair Trading Act 1999;
"externally administered body corporate" has
the same meaning as it has in the
Corporations Act;
"function" includes duty and authority;
"inspector" means an inspector appointed under
the Fair Trading Act 1999;
"land" includes buildings and airspace;
"land affected by an owners corporation"
means the lots the owners for the time being
of which are members of the owners
corporation together with the common
property for which the owners corporation is
responsible;
"Licensing Registrar" means the Registrar of the
Business Licensing Authority appointed
under the Business Licensing Authority
Act 1998;
"limited owners corporation" has the same
meaning as it has in the Subdivision Act
1988;
3
s. 3
Owners Corporations Act 2006
Act No. 69/2006
s. 3
Part 1—Introductory
"lot" has the same meaning as it has in the
Subdivision Act 1988;
"lot affected by an owners corporation" means
a lot the owner for the time being of which is
a member of the owners corporation;
"lot entitlement" in relation to a lot affected by
an owners corporation, means a number
specified in the plan as the lot entitlement for
that lot, expressing the extent of the lot
owner's interest in any common property
affected by the owners corporation;
"lot liability" in relation to a lot affected by an
owners corporation, means a number
specified in the plan as the lot liability for
that lot, expressing the proportion of the
administrative and general expenses of the
owners corporation which the lot owner is
obliged to pay;
"lot owner", in relation to an owners corporation,
means an owner of a lot affected by the
owners corporation;
"owner" has the same meaning as it has in the
Subdivision Act 1988;
"owners corporation" means a body corporate
which is incorporated by registration of a
plan of subdivision or a plan of strata or
cluster subdivision;
"owners corporation register" means the
register kept by an owners corporation in
accordance with section 147;
"plan of subdivision" has the same meaning as
plan has in the Subdivision Act 1988;
"prescribed owners corporation" means an
owners corporation of a class prescribed by
the regulations;
4
Owners Corporations Act 2006
Act No. 69/2006
Part 1—Introductory
"Register" means the Register under the
Transfer of Land Act 1958;
"registered manager" means a manager
registered under Part 6;
"Registrar" has the same meaning as it has in the
Transfer of Land Act 1958;
"rules" in relation to an owners corporation,
means the rules of the owners corporation for
the time being in force;
"unlimited owners corporation" has the same
meaning as it has in the Subdivision Act
1988.
__________________
5
s. 3
Owners Corporations Act 2006
Act No. 69/2006
s. 4
Part 2—Functions and Powers of Owners Corporation
PART 2—FUNCTIONS AND POWERS OF OWNERS
CORPORATION
Division 1—Functions and Powers of Owners Corporation
4. Functions of owners corporation
An owners corporation has the following
functions—
(a) to manage and administer the common
property;
(b) to repair and maintain—
(i) the common property;
(ii) the chattels, fixtures, fittings and
services related to the common
property or its enjoyment;
(iii) equipment and services for which an
easement or right exists for the benefit
of the land affected by the owners
corporation or which are otherwise for
the benefit of all or some of the land
affected by the owners corporation;
(c) to take out, maintain and pay premiums on
insurance required or permitted by any Act
or by Part 3 and any other insurance the
owners corporation considers appropriate;
(d) to keep an owners corporation register;
(e) to provide an owners corporation certificate
in accordance with Division 3 of Part 9 when
requested;
6
Owners Corporations Act 2006
Act No. 69/2006
Part 2—Functions and Powers of Owners Corporation
(f) to carry out any other functions conferred on
the owners corporation by—
(i) this Act or the regulations under this
Act; or
(ii) the Subdivision Act 1988 or the
regulations under that Act;
(iii) any other law; or
(iv) the rules of the owners corporation.
Note: An owners corporation is a body corporate which is
incorporated by registration of a plan of subdivision or a
plan of strata or cluster subdivision. An owners corporation
has perpetual succession and a common seal and is capable
of suing and being sued in its own name. See section 28 of
the Subdivision Act 1988.
5. Owners corporation must act in good faith
An owners corporation in carrying out its
functions and powers—
(a) must act honestly and in good faith; and
(b) must exercise due care and diligence.
6. Powers of owners corporation
An owners corporation has—
(a) all the powers conferred on the owners
corporation by—
(i) this Act or the regulations; or
(ii) the Subdivision Act 1988 or the
regulations under that Act;
(iii) any other law; or
(iv) the rules of the owners corporation; and
(b) all other powers that are necessary to enable
it to perform its functions.
7
s. 5
Owners Corporations Act 2006
Act No. 69/2006
s. 7
Part 2—Functions and Powers of Owners Corporation
7. Owners corporations for 2-lot subdivisions
(1) An owners corporation for a 2-lot subdivision, is
exempt from compliance with—
(a) sections 18, 31, 32, 59, 60, 61, 62, 65, 93,
94, 95, 96 and 97; and
(b) Divisions 2, 3 and 4 of Part 3; and
(c) Divisions 1, 2, 3, 4 and 5 of Part 4; and
(d) Divisions 1 and 2 of Part 9; and
(e) Division 1 of Part 10.
(2) In this Act or any other Act a reference to—
(a) a unanimous resolution, in relation to an
owners corporation for a 2-lot subdivision,
means a resolution passed by the total votes
for those lots; and
(b) a special resolution, in relation to an owners
corporation for a 2-lot subdivision, means a
unanimous resolution.
8. Owners corporations that are limited to common
property
If an owners corporation is specified on a plan as
being limited to the common property, sections
48, 49, 50 and 51 do not apply to that owners
corporation.
9. Power to employ or engage persons
An owners corporation may appoint or employ
persons to assist the owners corporation in
carrying out its functions.
8
Owners Corporations Act 2006
Act No. 69/2006
Part 2—Functions and Powers of Owners Corporation
10. Power to execute documents etc.
An owners corporation may in its own name and
on behalf of its members execute any document or
do anything necessary or convenient to enable it
to carry out its functions, powers, rights and
obligations, and the document or thing has effect
as if executed or done by the members.
Note: An owners corporation executes a document by the use of
its common seal.
11. Power to delegate
An owners corporation may by instrument
delegate any power or function of the owners
corporation (other than a power or function that
requires a unanimous resolution or a special
resolution or this power of delegation) to—
(a) the committee of the owners corporation;
(b) the manager of the owners corporation;
(c) a lot owner;
(d) the chairperson of the owners corporation;
(e) the secretary of the owners corporation;
(f) an employee of the owners corporation.
Division 2—Powers Relating to Services
12. Provision of services to members and occupiers
(1) An owners corporation, by special resolution, may
decide—
(a) to provide a service to lot owners or
occupiers of lots or the public; or
(b) to enter into agreements for the provision of
services to lot owners or occupiers of lots.
9
s. 10
Owners Corporations Act 2006
Act No. 69/2006
s. 13
Part 2—Functions and Powers of Owners Corporation
(2) An owners corporation may require a lot owner or
occupier to whom a service has been provided to
pay for the cost of providing the service to the lot
owner or occupier.
13. Owners corporation not to carry on business
(1) An owners corporation must not carry on a
business.
(2) An owners corporation may participate in or be a
member of another body that carries on a
business.
Division 3—Powers Relating to Property
14. Leasing or licensing of the common property
By special resolution, an owners corporation may
lease or license the whole or any part of the
common property to a lot owner or other person.
15. Power to obtain lease or licence over land
By special resolution, an owners corporation may
obtain a lease or licence over any land (including
Crown land) whether or not in the plan.
16. Power to acquire and dispose of personal property
(1) An owners corporation may acquire or hold
personal property for the use of lot owners or
other persons.
(2) An owners corporation may lease personal
property to a lot owner or other person.
(3) An owners corporation may dispose of personal
property.
(4) An owners corporation may obtain a licence for
personal property for the use of lot owners or
other persons.
10
Owners Corporations Act 2006
Act No. 69/2006
Part 2—Functions and Powers of Owners Corporation
17. Owners corporation must not mortgage or charge
common property
An owners corporation must not mortgage or
otherwise charge common property.
Division 4—Power to Bring Legal Proceedings
18. Power to bring legal proceedings
(1) Subject to sub-section (2), an owners corporation
must not bring legal proceedings unless it is
authorised by special resolution to do so.
(2) A special resolution is not required for an
application to VCAT under Part 11 to recover fees
and other money or to enforce the rules of the
owners corporation.
Division 5—The Common Seal
19. The common seal
(1) The common seal of an owners corporation must
include the name of the owners corporation.
(2) The common seal must be kept as directed by the
owners corporation.
20. When can the common seal be used?
(1) The common seal of an owners corporation must
not be used on a document unless its use for that
purpose has been authorised by a resolution of the
owners corporation.
(2) The resolution to authorise the use of the common
seal must be recorded—
(a) in the minutes of the general meeting; and
(b) if the owners corporation keeps a common
seal register, in that register.
11
s. 17
Owners Corporations Act 2006
Act No. 69/2006
s. 21
Part 2—Functions and Powers of Owners Corporation
21. Who must witness the use of the common seal?
(1) The use of the common seal on a document must
be witnessed by at least 2 persons who are owners
of separate lots and are members of the owners
corporation.
(2) Despite sub-section (1), in the case of an owners
corporation with only one lot owner, the use of the
seal must be witnessed by the lot owner.
(3) If a lot owner is a corporation, a director of the
corporation may witness the document on behalf
of the corporation.
(4) Each lot owner or director who witnesses the use
of the common seal must record next to the seal
that he or she has witnessed the use of the seal
by—
(a) signing his or her name; and
(b) printing in full his or her name and address;
and
(c) stating that he or she is a lot owner or a
director of the corporation that is a lot owner.
22. Judicial notice of use of common seal
All courts must take judicial notice of the
common seal of the owners corporation on a
document and, until the contrary is proved, must
presume that the seal was properly used.
__________________
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Owners Corporations Act 2006
Act No. 69/2006
Part 3—Financial Management
PART 3—FINANCIAL MANAGEMENT
Division 1—Financial Powers
23. Owners corporation may levy fees
(1) An owners corporation may set annual fees to
cover—
(a) general administration; and
(b) maintenance and repairs; and
(c) insurance; and
(d) other recurrent obligations of the owners
corporation.
(2) If the owners corporation has an approved
maintenance plan, the annual fees must include
fees that are—
(a) designated for the purpose of the
maintenance plan; and
(b) sufficient to allow the maintenance plan to
be implemented.
(3) The fees set must be based on lot liability.
(4) The owners corporation may determine the times
for payment of fees.
24. Extraordinary fees
(1) An owners corporation may levy special fees and
charges designed to cover extraordinary items of
expenditure.
(2) The fees set must be based on lot liability.
(3) The owners corporation may determine the times
for payment of the special fees and charges.
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s. 23
Owners Corporations Act 2006
Act No. 69/2006
s. 25
Part 3—Financial Management
(4) A special resolution is required when exercising a
power under sub-section (1) if the amount
involved is more than twice the total amount of
the current annual fees set under section 23.
(5) Sub-section (4) does not apply if the fees are
levied to pay for or recoup the cost of repairs or
maintenance carried out to any part of the
property for which the owners corporation is
responsible where immediate expenditure is or
was necessary to ensure safety or to prevent
significant loss or damage to persons or property.
25. Power to borrow money
(1) An owners corporation may borrow money—
(a) by ordinary resolution at a general meeting,
if the amount borrowed does not exceed the
amount of the current annual fees of the
owners corporation set under section 23; or
(b) by special resolution in any other case.
(2) An owners corporation may repay money
borrowed.
26. Power to invest
An owners corporation may invest money.
27. Bank account
(1) An owners corporation may establish and operate
bank accounts.
(2) Each bank account must be established in the
name of the owners corporation.
(3) All fees levied by an owners corporation under
this Part must be paid into a bank account of the
owners corporation or of the manager of the
owners corporation.
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Part 3—Financial Management
28. Liability of lot owners
(1) The owners for the time being and any purchaser
in possession of, and any person entitled to
receive the rents and profits from, a lot are liable
to pay any outstanding fees, charge, contribution
or amount owing to the owners corporation in
respect of that lot.
(2) A lot owner is not liable to pay or contribute to the
funds of the owners corporation a proportion of
any amount required to discharge a liability of the
owners corporation exceeding the lot owner's lot
liability.
(3) Sub-section (2) does not apply to an amount
payable to an owners corporation for repairs,
maintenance or other works that are undertaken by
the owners corporation on common property or a
lot and which are wholly or substantially for the
benefit of some or one, but not all, of the lots
affected by the owners corporation.
29. Penalty interest on arrears
(1) An owners corporation may charge interest on any
amount payable by a lot owner to the owners
corporation that is still outstanding after the due
date for payment.
(2) The rate of interest charged must not exceed the
maximum rate of interest payable under the
Penalty Interest Rates Act 1983.
(3) The owners corporation may waive the payment
of interest in a particular case.
15
s. 28
Owners Corporations Act 2006
Act No. 69/2006
s. 30
Part 3—Financial Management
30. Recovery of money owed
(1) Subject to sub-section (2), an owners corporation
may recover any money owed to the owners
corporation in any court of competent jurisdiction
as a debt due to the owners corporation.
(2) Sections 31 and 32 and Division 1 of Part 11
apply to the recovery of money owed to the
owners corporation by a lot owner.
31. Fee notice
(1) The owners corporation must give notice to a lot
owner in the approved form of any fees and
charges due and payable by the lot owner to the
owners corporation (the "fee notice").
(2) The fee notice must—
(a) state that the lot owner has an obligation to
pay the fees and charges within 28 days after
the date of the notice; and
(b) (if applicable) state that interest at the rate
specified in the notice will be payable in
respect of any overdue fees and charges; and
(c) include details of the dispute resolution
process that applies under the rules in respect
of disputed fees and charges.
32. Final notice
(1) If the money owing is not paid within 28 days
after the date of the fee notice, the owners
corporation may send a final notice in the
approved form to the lot owner.
(2) The final notice must—
(a) state that the lot owner has an obligation to
pay the overdue fees and charges and interest
immediately; and
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Act No. 69/2006
Part 3—Financial Management
(b) (if applicable) state—
(i) the interest that is payable in respect of
the overdue fees and charges at the date
of the final notice; and
(ii) the amount of interest that will accrue
daily until the payment of the overdue
fees and charges; and
(c) state that the owners corporation intends to
take action under Part 11 to recover the
amount due if the overdue fees and charges
and interest owing are not paid within
28 days after the date the final notice is
given.
Note: Section 163(2) provides that an application to VCAT
by the owners corporation for an order requiring a lot
owner to pay an amount payable by the lot owner to
the owners corporation can only be made if the
amount is not paid within 28 days after the final
notice is given under section 32.
Division 2—Accounts and Audit
33. Financial records
(1) An owners corporation must keep proper accounts
that—
(a) cover all income and expenditure of the
owners corporation and assets and liabilities
of the owners corporation; and
(b) provide for the making of true and fair view
reports of the financial situation of the
owners corporation.
(2) An owners corporation that has an approved
maintenance plan must keep separate accounts for
its maintenance fund.
17
s. 33
Owners Corporations Act 2006
Act No. 69/2006
s. 34
Part 3—Financial Management
34. Financial statements
(1) An owners corporation must prepare annual
financial statements for presentation at the annual
general meeting of the owners corporation.
(2) A prescribed owners corporation must prepare its
financial statements in accordance with the
standards required by the regulations.
35. Audit of accounts of owners corporations
(1) An owners corporation at its annual general
meeting may resolve that its financial statements
are to be audited after the end of the financial year
by—
(a) a registered company auditor; or
(b) a firm of registered company auditors; or
(c) a person who is a member of CPA Australia
or the Institute of Chartered Accountants in
Australia; or
(d) any other person who is approved by the
Director as an auditor of the financial
statements of the owners corporation for the
purposes of this section.
(2) A prescribed owners corporation must, after the
end of each financial year cause its financial
statements to be audited by—
(a) a registered company auditor; or
(b) a firm of registered company auditors; or
(c) a person who is a member of CPA Australia
or the Institute of Chartered Accountants in
Australia; or
(d) any other person who is approved by the
Director as an auditor of the financial
statements of the owners corporation for the
purposes of this section.
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Act No. 69/2006
Part 3—Financial Management
(3) A person who audits the accounts of an owners
corporation must provide the owners corporation
with a written report of the audit.
(4) A person may not be appointed as auditor of the
accounts of the owners corporation for the
purposes of this section if the person has a direct
or indirect personal or financial interest in the
owners corporation.
(5) The Director may grant approval to a suitably
qualified person or class of suitably qualified
persons (other than a person referred to in
sub-section (4)) to audit the accounts of an
owners corporation or a class of owners
corporations.
(6) An owners corporation may apply in writing to
the Director for an exemption from the
requirements of sub-section (2).
(7) The Director may grant the exemption subject to
any conditions the Director thinks fit.
(8) The Director may at any time, by notice in
writing, vary or revoke an exemption under this
section.
Division 3—Maintenance Plan
36. Maintenance plan
(1) A prescribed owners corporation must prepare a
maintenance plan for the property for which it is
responsible.
(2) An owners corporation (other than a prescribed
owners corporation) may prepare a maintenance
plan for the property for which it is responsible.
19
s. 36
Owners Corporations Act 2006
Act No. 69/2006
s. 37
Part 3—Financial Management
37. What must a maintenance plan contain?
(1) The maintenance plan must set out—
(a) the major capital items anticipated to require
repair and replacement within the next
10 years; and
(b) the present condition or state of repair of
those items; and
(c) when those items or components of those
items will need to be repaired or replaced;
and
(d) the estimated cost of the repair and
replacement of those items or components;
and
(e) the expected life of those items or
components once repaired or replaced; and
(f) any other prescribed information.
(2) In this section—
"major capital item" includes—
(a) a lift; or
(b) an air conditioning plant; or
(c) a heating plant; or
(d) an item of a prescribed class.
38. When does a maintenance plan have effect?
(1) A maintenance plan does not have effect unless it
is approved by the owners corporation.
(2) In approving a maintenance plan, an owners
corporation may set conditions for the payment of
money out of the maintenance fund.
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Act No. 69/2006
Part 3—Financial Management
39. Report on approved maintenance plan
The owners corporation must report to the annual
general meeting in relation to the implementation
of its approved maintenance plan.
Division 4—Maintenance Fund
40. Establishment of maintenance fund
An owners corporation that has an approved
maintenance plan must establish a maintenance
fund in the name of the owners corporation.
41. What is the maintenance fund for?
The maintenance fund of an owners corporation
must be used for the implementation of the
maintenance plan of the owners corporation.
42. Payments into maintenance fund
If an owners corporation has established a
maintenance fund, the following must be paid into
that fund—
(a) any part of the annual fees that is designated
as being for the purpose of the maintenance
plan;
(b) any amounts received under an insurance
policy in respect of the damage or
destruction of property covered by the
maintenance plan;
(c) any interest earned on the investment of the
money in the fund;
(d) any amounts of a prescribed kind;
(e) any amounts of a kind determined by the
owners corporation.
21
s. 39
Owners Corporations Act 2006
Act No. 69/2006
s. 43
Part 3—Financial Management
43. Payments from maintenance fund
Subject to any conditions specified in the
regulations and an ordinary resolution at a general
meeting of the owners corporation, money may be
paid out of the maintenance fund at any time in
accordance with the approved maintenance plan.
44. Extraordinary payments from maintenance fund
Money may also be paid out of the maintenance
fund if the owners corporation by special
resolution approves the payment.
45. Extraordinary payments for urgent matters
(1) Subject to this section, money may also be paid
out of the maintenance fund for an urgent matter.
(2) For the purposes of sub-section (1), an urgent
matter includes where payments are required—
(a) to comply with an order of a court or VCAT;
(b) to repair or maintain any part of the property
for which the owners corporation is
responsible where there are reasonable
grounds to believe that an immediate
expenditure is necessary to ensure safety or
prevent significant loss or damage to persons
or property;
(c) to repair any part of the property for which
the owners corporation is responsible where
the need for the repairs could not have been
reasonably foreseen in preparing the
maintenance plan;
(d) to enable the owners corporation to obtain
adequate insurance for the property that the
owners corporation is required to insure.
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Act No. 69/2006
Part 3—Financial Management
(3) Expenditure under this section must not exceed—
(a) the amount necessary for the purpose for
which it is expended; or
(b) any limitation imposed by the owners
corporation on expenditure under this
section.
(4) Expenditure under this section must comply with
any other restrictions or requirements imposed by
the owners corporation.
(5) The owners corporation must report to the lot
owners on any expenditure under this section as
soon as possible after the expenditure is made.
Division 5—Asset Management
46. Owners corporation to repair and maintain
common property
An owners corporation must repair and
maintain—
(a) the common property; and
(b) the chattels, fixtures, fittings and services
related to the common property or its
enjoyment.
47. Owners corporation must repair and maintain
services
(1) An owners corporation must repair and maintain a
service in or relating to a lot that is for the benefit
of more than one lot and the common property.
(2) An owners corporation may, at the request and
expense of a lot owner, repair and maintain a
service in or relating to a lot if it is impracticable
for the lot owner to repair or maintain that service.
23
s. 46
Owners Corporations Act 2006
Act No. 69/2006
s. 48
Part 3—Financial Management
(3) In this section—
"service" includes a service for which an
easement or right is implied over the land
affected by the owners corporation or for the
benefit of each lot and any common property
by section 12(2) of the Subdivision Act
1988.
Note: The easements or rights that may be implied under
section 12(2) of the Subdivision Act 1988 are those
necessary to provide—
• support, shelter or protection;
• passage or provision of water, sewerage,
drainage, gas, electricity, garbage, air or any
other service of whatever nature (including
telephone, radio, television and data
transmission);
• rights of way;
• full, free and uninterrupted access to and use of
light for windows, doors or other openings;
• maintenance of overhanging eaves.
48. Lots not properly maintained
(1) If a lot owner has refused or failed to carry out
repairs, maintenance or other works to the lot
owner's lot that are required because—
(a) the outward appearance or outward state of
repair of the lot is adversely affected; or
(b) the use and enjoyment of the lots or common
property by other lot owners is adversely
affected—
the owners corporation may serve a notice on the
lot owner requiring the lot owner to carry out the
necessary repairs, maintenance or other works.
(2) If a lot owner has been served with a notice under
sub-section (1), the lot owner must carry out the
repairs, maintenance or other works required by
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Act No. 69/2006
Part 3—Financial Management
the notice within 28 days of the service of the
notice.
(3) If a lot owner has been served with a notice under
sub-section (1) and has not complied with the
notice within the required time, the owners
corporation may carry out the necessary repairs,
maintenance or other works to the lot.
49. Cost of repairs, maintenance or other work
(1) An owners corporation may recover as a debt
from a lot owner the cost of repairs, maintenance
or other works carried out under section 48(3).
(2) An owners corporation may recover as a debt the
cost of repairs, maintenance or other works
undertaken wholly or substantially for the benefit
of some only of the lots from the lot owners, but
the amount payable by those lot owners is to be
calculated on the basis that the lot owner of the lot
that benefits more pays more.
(3) The works referred to in sub-section (2) may be to
the common property or a lot.
50. When can an owners corporation authorise a person
to enter a lot?
An owners corporation may authorise a person to
enter a lot or a building on a lot on its behalf to
carry out repairs, maintenance or other works
in accordance with section 47(1), 47(2) or 48(3).
51. What notice of entry must be given?
(1) The owners corporation must give at least 7 days'
notice in writing to the occupier of a lot of its
intention to enter the lot unless—
(a) the occupier agrees to a lesser time; or
(b) there is an emergency.
25
s. 49
Owners Corporations Act 2006
Act No. 69/2006
s. 52
Part 3—Financial Management
(2) Despite sub-section (1), if the lot is occupied
under a residential tenancy agreement, the owners
corporation must give the same notice to the
occupier as that required to be given by a landlord
under section 85 of the Residential Tenancies
Act 1997.
(3) In this section—
"emergency" includes—
(a) an interruption to gas, water, electricity,
telephone, drainage, sewerage or a
similar service; and
(b) a leak or a similar problem requiring
prompt attention; and
(c) cracking or a similar structural problem
likely to affect the immediate safety of
a building or any person.
52. Significant alteration to common property requires
special resolution
An owners corporation must not make a
significant alteration to the use or appearance of
the common property unless—
(a) the alteration is—
(i) first approved by a special resolution at
a general meeting of the owners
corporation; or
(ii) permitted by the maintenance plan; or
(iii) agreed to under section 53; or
(b) there are reasonable grounds to believe that
an immediate alteration is necessary to
ensure safety or to prevent significant loss or
damage.
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Act No. 69/2006
Part 3—Financial Management
53. Upgrading of common property
(1) An owners corporation may by special resolution
approve the carrying out of upgrading works for
the common property and the levying of fees on
lot owners for that purpose.
(2) In this section "upgrading works" means
building works for the upgrading, renovation or
improvement of the common property where—
(a) the total cost of the works is estimated to be
more than twice the total amount of the
current annual fees; or
(b) the works require a planning permit or a
building permit before they can be carried
out—
but does not include works that are provided for
in an approved maintenance plan or works
referred to in section 4(b).
Division 6—Insurance
54. What is an insurable building?
In this Division—
"building" includes any building on the plan of
subdivision and—
(a) any improvements and fixtures forming
part of the building; and
(b) anything prescribed as forming part of a
building—
but does not include—
(c) carpet and temporary floor, wall and
ceiling coverings; or
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Owners Corporations Act 2006
Act No. 69/2006
s. 55
Part 3—Financial Management
(d) fixtures removable by a lessee at the
end of a lease; or
(e) anything prescribed as not forming part
of a building.
55. Members may take out insurance
Nothing in this Act or the regulations limits the
right of a lot owner to effect a policy of insurance
in respect of destruction of or damage to the lot
owner's lot or the lot owner's interest in the
common property.
56. Owners corporation has insurable interest
An owners corporation must be taken to have an
insurable interest in the land affected by the
owners corporation.
57. Amount payable under owners corporation
insurance
In calculating any amount payable under an
insurance policy taken out by an owners
corporation, any amount payable under an
insurance policy taken out by a lot owner over that
lot or the lot owner's interest in the common
property must be disregarded.
58. Insurance if lot mortgaged
(1) If an owners corporation has taken out an
insurance policy over the land affected by the
owners corporation, a mortgagee of a lot affected
by the owners corporation must not require the lot
owner to take out an insurance policy over the lot
and the lot owner's interest in the common
property unless—
(a) the mortgagee's interest is noted on the
owners corporation's policy; and
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Act No. 69/2006
Part 3—Financial Management
(b) the sum insured in respect of the lot and
interest in the common property under the
owners corporation's policy is less than the
sum owing under the mortgage and the extra
insurance is for the amount of the difference.
(2) A requirement that contravenes sub-section (1) is
void.
(3) The following provisions apply where an owner's
corporation has taken out an insurance policy and
the lot owner has mortgaged the lot owner's lot
and interest in the common property and the
mortgagee's interest is noted on the policy—
(a) if the lot owner's property is damaged or
destroyed and is not to be reinstated, the
insurer must pay to the mortgagee the
amount owing under the mortgage (up to the
sum insured in respect of the lot and interest
in the common property) and, if there is a
surplus, pay the balance to the lot owner;
(b) if the owner's property is damaged or
destroyed and is to be reinstated, the insurer
must pay for the reinstatement up to the sum
insured in respect of the lot and interest in
the common property.
59. Reinstatement and replacement insurance
(1) An owners corporation must take out
reinstatement and replacement insurance for all
buildings on the common property in accordance
with this Division.
(2) The insurance required under sub-section (1) is
insurance for damage to property under which the
owners corporation insures for—
(a) the cost necessary to replace, repair or
rebuild the property to a condition
substantially the same, but not better or more
extensive than its condition when new; and
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Owners Corporations Act 2006
Act No. 69/2006
s. 60
Part 3—Financial Management
(b) the payment of expenses necessarily and
reasonably incurred in the removal of debris
and the remuneration of architects and other
persons whose services are necessary, being
incidental to the replacement, repair or
rebuilding of the damaged property.
(3) The owners corporation must ensure that the
insurance required under sub-section (1)
includes—
(a) a provision that the interests of mortgagees
are noted; and
(b) a provision that a mortgagee whose interest
is noted shall be given the notices that are
required under section 59 of the Insurance
Contracts Act 1984 of the Commonwealth at
the same time that those notices are given to
the insured; and
(c) a provision that the insurer cannot avoid the
whole contract for breach of a condition of
the contract unless the breach is by the
owners corporation or all lot owners, but the
insurer has a right of indemnity against those
lot owners who breach the contract.
60. Public liability insurance
(1) An owners corporation must take out public
liability insurance for the common property in
accordance with this section.
(2) The public liability insurance required under subsection (1) is insurance for any liability of the
owners corporation to pay compensation in
respect of—
(a) any bodily injury to or death or illness of a
person; and
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Act No. 69/2006
Part 3—Financial Management
(b) any damage to or loss of property—
which is sustained as a result of an occurrence or
happening in connection with the common
property.
(3) The owners corporation must ensure that, in the
insurance which the owners corporation has under
sub-section (2), the limit of liability is a minimum
of $10 000 000, or if another amount is
prescribed, that other amount, in any one claim
and in the aggregate during any one period of
insurance.
61. Insurance for lots in multi-level developments
(1) If a building on a plan of subdivision is located
above or below common property, a reserve or a
lot, the owners corporation must take out the
following insurance in respect of all lots in the
plan—
(a) reinstatement and replacement insurance for
all buildings on each lot in accordance with
section 59; and
(b) public liability insurance in accordance with
section 60—
as if any reference in those sections to common
property were a reference to those lots.
(2) Sub-section (1) does not apply to a single-storey
building.
62. Owners corporation may have additional insurance
At a general meeting, the owners corporation may,
by ordinary resolution, resolve to insure any
additional insurable interest—
(a) in the land affected by the owners
corporation; and
(b) relating to the performance of its functions.
31
s. 61
Owners Corporations Act 2006
Act No. 69/2006
s. 63
Part 3—Financial Management
63. Insurance not required where there is no common
property
By unanimous resolution, an owners corporation
may resolve that, if there is no common property,
each lot owner must arrange for the lot owner's
own insurance.
64. Insurance not required where another owners
corporation has insured
This Division does not apply to an owners
corporation if the land affected by the owners
corporation is affected by another owners
corporation which has the insurance required by
this Division.
65. Valuation of buildings
(1) A prescribed owners corporation must obtain a
valuation of all buildings that it is liable to insure.
(2) The valuation must be obtained every 5 years or
earlier as determined by the owners corporation.
(3) The owners corporation must present the valuer's
report at the next general meeting after it is
received.
__________________
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Act No. 69/2006
Part 4—Meetings and Decisions of Owners Corporation
PART 4—MEETINGS AND DECISIONS OF OWNERS
CORPORATION
Division 1—First Meeting of Owners Corporation
66. When must the first meeting be held?
The applicant for registration of a plan of
subdivision which provides for the creation of an
owners corporation must convene the first
meeting of the owners corporation within 6
months of the registration of the plan.
67. What documents must be provided at the first
meeting?
At the first meeting of the owners corporation the
applicant for registration of the plan of
subdivision must provide all of the following for
the purposes of the owners corporation—
(a) the owners corporation register;
(b) any accounts or records made on behalf of
the owners corporation;
(c) books to enable the owners corporation to
keep the necessary minutes, accounts and
other records;
(d) the maintenance plan (if any);
(e) a copy of the plan of subdivision and all
related building plans, planning documents
and other similar documents;
(f) a copy of this Act and the regulations and the
Subdivision Act 1988 and the regulations
under that Act;
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Act No. 69/2006
s. 68
Part 4—Meetings and Decisions of Owners Corporation
(g) any contracts, leases and licences binding on
or benefiting the owners corporation;
(h) any insurance policies in force in relation to
the property, including any insurance policy
taken out under section 9AAA of the Sale of
Land Act 1962;
(i) the names of the companies, tradespeople or
suppliers who provided a warranty or other
guarantee on any matter for which the
owners corporation is responsible and copies
of those warranties and guarantees;
(j) the common seal of the owners corporation.
68. Obligations of initial owner
(1) Subject to sub-section (3), the initial owner of
land affected by an owners corporation must act
honestly and in good faith and with due care and
diligence in the interests of the owners corporation
in exercising any rights under this Act.
(2) Subject to sub-sections (3) and (4), the initial
owner of land affected by an owners corporation
must take all reasonable steps to enforce any
domestic building contract (within the meaning of
the Domestic Building Contracts Act 1995)
entered into by the initial owner in respect of land
in the plan of subdivision providing for the
creation of the owners corporation.
(3) Sub-sections (1) and (2) apply to an initial owner
only while the initial owner is the owner of the
majority of the lots affected by the owners
corporation and only until the end of the period of
5 years following the registration of the plan of
subdivision.
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(4) Sub-section (2) applies only to the enforcement of
a breach of contract—
(a) to the extent that it relates to the common
property affected by the owners corporation;
and
(b) of which the initial owner is aware or ought
reasonably to be aware.
(5) In this section "initial owner" means the person
who was the applicant for the registration of the
plan of subdivision.
Division 2—Annual General Meeting
69. Annual general meeting
(1) An owners corporation must have an annual
general meeting if it receives or pays out money in
any financial year.
(2) The time between the annual general meetings
must not exceed 15 months.
Note: Section 100 provides for the election of a committee of the
owners corporation at the annual general meeting.
70. Who may convene annual general meetings?
(1) The first meeting of an owners corporation
convened under section 66 is the first annual
general meeting.
(2) All other annual general meetings must be
convened by—
(a) the chairperson of the owners corporation; or
(b) the secretary of the owners corporation; or
(c) the manager of the owners corporation,
acting on the authority of the committee; or
(d) in the absence of a committee, the manager
of the owners corporation or a lot owner.
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Owners Corporations Act 2006
Act No. 69/2006
s. 71
Part 4—Meetings and Decisions of Owners Corporation
71. Agenda for annual general meeting
(1) The person convening an annual general meeting
must prepare an Agenda setting out the matters to
be dealt with at the annual general meeting.
(2) The matters to be dealt with at the annual general
meeting must include—
(a) the election of a committee, if the owners
corporation is to have a committee;
(b) the appointment of a manager, if applicable;
(c) the provision of details of the insurance held
by the owners corporation;
(d) the provision of details of fees fixed by the
owners corporation during the year;
(e) the consideration of the financial statements
of the owners corporation;
(f) the consideration of the proposed annual
budget of the owners corporation;
(g) the making of any delegations;
(h) the consideration of any report under section
39, 65(3), 115 or 126 or under section 159 in
relation to disputes dealt with under Part 10.
72. Notice of annual general meetings
(1) The person convening an annual general meeting
must give notice in writing of the meeting to each
lot owner at least 14 days before the meeting.
Note: The Electronic Transactions (Victoria) Act 2000
enables this notice to be given electronically.
(2) The notice must include the following—
(a) the date, time and place of the meeting; and
(b) the Agenda for the meeting; and
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Part 4—Meetings and Decisions of Owners Corporation
(c) the text of any special resolution or
unanimous resolution to be moved at the
meeting; and
(d) the financial statements of the owners
corporation; and
(e) the proposed annual budget of the owners
corporation; and
(f) a statement that the lot owner has the right to
appoint a proxy.
Division 3—Special General Meetings
73. What is a special general meeting?
A special general meeting is a meeting of an
owners corporation other than an annual general
meeting.
74. Who can convene a special general meeting?
A special general meeting may be convened by—
(a) the chairperson of the owners corporation; or
(b) the secretary of the owners corporation; or
(c) a lot owner nominated by lot owners whose
lot entitlements total at least 25% of all lot
entitlements for the land affected by the
owners corporation; or
(d) the manager of the owners corporation—
(i) acting on the authority of the
committee; or
(ii) if nominated by lot owners whose lot
entitlements total at least 25% of all lot
entitlements for the land affected by the
owners corporation; or
(iii) in the absence of a committee.
37
s. 73
Owners Corporations Act 2006
Act No. 69/2006
s. 75
Part 4—Meetings and Decisions of Owners Corporation
75. Agenda for special general meeting
(1) The person convening a special general meeting
must prepare an Agenda setting out the matters to
be dealt with at the special general meeting.
(2) If the person convening the meeting has been
nominated under section 74(c) or 74(d)(ii), the
Agenda must be in accordance with an Agenda
approved by the relevant lot owners when making
their nominations.
76. Notice of special general meetings
(1) The person convening a special general meeting
must give notice in writing of the meeting to each
lot owner at least 14 days before the meeting.
Note: The Electronic Transactions (Victoria) Act 2000
will permit this notice to be given electronically.
(2) The notice must include the following—
(a) the date, time and place of the meeting; and
(b) the Agenda for the meeting; and
(c) the text of any special resolution or
unanimous resolution to be moved at the
meeting; and
(d) a statement that the lot owner has the right to
appoint a proxy.
Division 4—Procedure at General Meetings
77. Quorum for a general meeting
A quorum for a general meeting is at least 50% of
the total votes or if 50% of the total votes is not
available the quorum is at least 50% of the total
lot entitlement.
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Part 4—Meetings and Decisions of Owners Corporation
78. Can a general meeting proceed even without a
quorum?
(1) Subject to sub-section (4), if there is not a
quorum, the general meeting may proceed but all
resolutions are interim resolutions.
(2) Notice of all interim resolutions and the minutes
of the meeting at which the interim resolution is
made must be forwarded to all lot owners within
14 days of the meeting.
(3) The minutes must be accompanied by a notice
setting out the effect of sub-section (4).
(4) Interim resolutions become resolutions of the
owners corporation—
(a) subject to paragraphs (b) and (c), 29 days
from the date of the interim resolution; or
(b) if notice of a special general meeting is given
within that 29 day period and the meeting is
held within 28 days after the notice is given,
only if confirmed at that meeting; or
(c) if notice of a special general meeting is given
within that 29 day period and the meeting is
not held within 28 days after the notice is
given, at the end of that 28 day period.
Note: The effect of sub-section (4) is that an interim
resolution cannot be acted on for 29 days after it is
made but if notice of a special general meeting is
given within that 29 day period, the interim
resolution cannot be acted on until the resolution is
confirmed at that meeting (which must be held within
28 days after the notice is given) or if the meeting is
not held, until the end of that 28 day period.
(5) An interim resolution cannot be made under this
section in respect of a matter requiring a
unanimous resolution or a special resolution.
39
s. 78
Owners Corporations Act 2006
Act No. 69/2006
s. 79
Part 4—Meetings and Decisions of Owners Corporation
79. Who chairs the general meeting?
(1) Subject to sub-section (2), the chairperson of the
owners corporation chairs a general meeting.
(2) If the chairperson of the owners corporation is not
present at a general meeting, the lot owners
present may elect one of their number or the
manager of the owners corporation to chair the
meeting.
80. Procedure at meeting
(1) A lot owner may participate in a general meeting
in person, by teleconferencing in accordance with
the regulations, by proxy or in another manner
provided for by the regulations.
(2) Subject to this Act and the regulations, the
procedure at a general meeting is in the discretion
of the owners corporation.
81. Minutes of meetings
(1) The owners corporation must arrange for minutes
to be kept of general meetings.
(2) The minimum information to be recorded in the
minutes for each general meeting is—
(a) the date, time and place of the meeting; and
(b) the names of lot owners present; and
(c) the names of lot owners who have provided
proxies; and
(d) the names of proxies present; and
(e) the voting on any resolutions; and
(f) the text of all resolutions of the owners
corporation made at the general meeting.
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82. Owners corporation may require certain matters to
be dealt with at general meetings
An owners corporation may, by ordinary
resolution at a general meeting, determine that a
matter or type of matter that may be determined
by ordinary resolution may be determined only by
ordinary resolution of the owners corporation at a
general meeting.
Division 5—Ballots
83. Who can arrange a ballot?
A ballot of an owners corporation may be
arranged by—
(a) the chairperson of the owners corporation; or
(b) the secretary of the owners corporation; or
(c) a lot owner nominated by lot owners whose
lot entitlements total at least 25% of all lot
entitlements for the land affected by the
owners corporation; or
(d) the manager of the owners corporation—
(i) acting on the authority of the
committee; or
(ii) if nominated by lot owners whose lot
entitlements total at least 25% of all lot
entitlements for the land affected by the
owners corporation; or
(iii) in the absence of a committee.
84. How can a ballot be conducted?
A ballot may be conducted by post or by
telephone, facsimile, the Internet or other
electronic communication.
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s. 82
Owners Corporations Act 2006
Act No. 69/2006
s. 85
Part 4—Meetings and Decisions of Owners Corporation
85. Notice of ballot
(1) The person arranging a ballot must give notice in
writing of the ballot to each lot owner at least
14 days before the closing date for the ballot.
Note: The Electronic Transactions (Victoria) Act 2000
will permit this notice to be given electronically.
(2) The notice must include the following—
(a) the closing date for the ballot; and
(b) the ballot document containing the motion,
including the text of any resolution to be
voted on in the ballot; and
(c) a statement that the lot owner has the right to
appoint a proxy.
86. Resolution by ballot
(1) A person may vote in a ballot by completing the
ballot form and forwarding it to the secretary of
the owners corporation in accordance with the
rules of the owners corporation.
(2) A resolution of the owners corporation by ballot is
made as follows—
(a) matters requiring an ordinary resolution must
be passed by a majority of the votes returned
by the closing date but the number of votes
returned must be not less than the number
needed for a quorum in accordance with
section 77;
(b) other matters must be passed by a special
resolution or unanimous resolution, as
appropriate.
(3) If a ballot is arranged by a person nominated by
lot owners, the lot owners must give the owners
corporation all information necessary to enable it
to keep records of the ballot.
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Part 4—Meetings and Decisions of Owners Corporation
Division 6—Proxies and Powers of Attorney
87. Proxies
(1) A lot owner may authorise a person in writing to
act as proxy for any of the following—
(a) to attend, speak or vote on the lot owner's
behalf at a meeting of the owners
corporation;
(b) to vote on the lot owner's behalf at a ballot;
(c) to represent the lot owner on the committee
of the owners corporation.
(2) The authorisation may set out how to vote on
particular matters.
(3) An authorisation under sub-regulation (1)—
(a) must be in writing in the prescribed form;
and
(b) must authorise a named individual; and
(c) must not be transferred by the holder of the
proxy to a third person; and
(d) must be delivered to the secretary of the
owners corporation; and
(e) is effective from the beginning of the first
meeting of the owners corporation held after
it is delivered to the secretary; and
(f) lapses 12 months after being given or, if
there is an earlier date specified in the
authorisation, on that date; and
(g) is revoked on the date that notice of the
revocation is delivered to the secretary.
(4) A person who is not a lot owner and who holds a
proxy for a lot owner may not vote on matters
affecting himself or herself relating to—
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Act No. 69/2006
s. 88
Part 4—Meetings and Decisions of Owners Corporation
(a) the delegation of powers and functions under
section 11; or
(b) the appointment, payment or removal of a
manager under Part 6.
(5) A person authorised to act as proxy must act
honestly and in good faith and exercise due care
and diligence.
(6) A lot owner may revoke an authorisation given
under this section and vote at a meeting or in a
ballot instead of the person who was authorised.
(7) A contract of appointment of a manager made in
contravention of sub-section (4)(b) is voidable by
the owners corporation unless it is affirmed by the
owners corporation by special resolution.
88. Voting under power of attorney
(1) A person acting under a power of attorney may
vote on the lot owner's behalf at a general meeting
or in a ballot of the owners corporation if this is
authorised by the power of attorney.
(2) A person is not entitled to exercise, under a power
of attorney, the power of a lot owner to vote if the
person has that power in respect of another lot
owner under another power of attorney.
(3) Sub-section (2) does not apply if the lot owners
for whom the person is to exercise a vote are
members of that person's family.
(4) A person acting under a power of attorney for a
lot owner may authorise a person to act as a proxy
under section 87.
(5) If a person is authorised under a power of attorney
to vote on behalf of a lot owner, this Part applies
in relation to that power as if the holder of the
power of attorney were the lot owner.
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89. Person not to require a lot owner to give a power of
attorney or proxy
A person must not require or demand that a lot
owner give the person or another person a power
of attorney in favour of the person or other person
or a proxy for the purpose of voting at a meeting
or in a ballot of an owners corporation.
Penalty: 60 penalty units.
Division 7—Decisions of Owners Corporation
90. Resolutions by meeting or ballot
Resolutions of the owners corporation may be
made—
(a) at a meeting; or
(b) by ballot.
91. One vote for each lot
There is to be one vote for each lot.
Note: Joint lot owners of a lot have only one vote between them
in respect of that lot.
92. Voting at a meeting
(1) Subject to sub-section (3), at a meeting, voting
may be by show of hands or in another prescribed
manner, unless the meeting resolves otherwise.
(2) All matters other than matters requiring special
resolutions and unanimous resolutions must be
determined by a simple majority of votes cast at a
meeting.
(3) A lot owner present in person or by proxy may,
before or after the vote is taken for an ordinary
resolution, require that a poll be taken based on
one vote for each unit of lot entitlement.
(4) Voting in a poll must be by written vote.
45
s. 89
Owners Corporations Act 2006
Act No. 69/2006
s. 93
Part 4—Meetings and Decisions of Owners Corporation
(5) If a poll is required after the vote is taken, the
decision taken on the vote has no effect and the
decision on the matter is the decision of the poll.
(6) A person who participates in a meeting by means
of teleconferencing or another prescribed manner
is to be taken to be present in person at the
meeting.
93. Does the chairperson have a casting vote?
(1) The chairperson may only have a second vote or
the casting vote if the voting is equal and the
chairperson is a lot owner of the owners
corporation or votes as proxy for a lot owner.
(2) If the voting is equal and the chairperson does not
exercise a casting vote, the motion is not passed.
94. Can a lot owner vote if fees are unpaid?
A lot owner whose fees or other amounts owing to
the owners corporation are in arrears is not
entitled to vote, either in person, by ballot or by
proxy, except when a special resolution or
unanimous resolution is required.
95. What is a unanimous resolution?
A unanimous resolution of an owners corporation
is a resolution passed by—
(a) if a ballot or poll is taken, the total lot
entitlements of all the lots affected by the
owners corporation; or
(b) in any other case, the total votes for all the
lots affected by the owners corporation.
Example
A unanimous resolution is required under the Subdivision
Act 1988 to dispose of all or part of the common property.
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96. What is a special resolution?
A special resolution of an owners corporation is a
resolution passed by—
(a) if a ballot or poll is taken, 75% of the total
lot entitlements of all the lots affected by the
owners corporation; or
(b) in any other case, 75% of the total votes for
all the lots affected by the owners
corporation.
Example
A special resolution is required to make, amend or revoke
the rules of the owners corporation.
97. Interim special resolutions
(1) If, at a meeting or by ballot, the vote in favour of a
matter requiring a special resolution is at least
50% of the total votes for all lots affected by the
owners corporation and the vote against the
resolution is not more than 25% of those votes,
the resolution is to be taken to be passed as an
interim special resolution.
(2) If the interim special resolution is passed at a
meeting, notice of the interim special resolution
and the minutes of the meeting at which the
interim special resolution was passed must be
forwarded to all lot owners within 14 days of the
meeting.
(3) If the interim special resolution is passed by
ballot, notice of the interim special resolution
(including the text of the resolution) must be
forwarded to all lot owners within 14 days of the
close of the ballot.
47
s. 96
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Act No. 69/2006
s. 98
Part 4—Meetings and Decisions of Owners Corporation
(4) The notice under sub-section (2) or (3) must state
that the interim special resolution will become a
special resolution at the end of 29 days after it was
passed unless lot owners who hold more than 25%
of the total votes for all the lots affected by the
owners corporation petition the secretary against
the resolution.
(5) An interim special resolution becomes a special
resolution of the owners corporation on the day
that is 29 days after the day the interim special
resolution was passed unless lot owners who hold
more than 25% of the total votes for all the lots
affected by the owners corporation petition the
secretary against the resolution.
Note: The effect of sub-section (5) is that an interim special
resolution cannot be acted on for 29 days after it is
passed and cannot be acted on at all if a petition is
received by the secretary within that 29-day period.
Division 8—Office-holders
98. Chairperson of owners corporation
(1) If an owners corporation does not have a
committee, the lot owners must elect a member to
be the chairperson of the owners corporation.
(2) If an owners corporation has a committee, the
chairperson of the committee is also the
chairperson of the owners corporation.
99. Secretary
(1) If an owners corporation does not have a
committee, the lot owners may elect a member to
be the secretary of the owners corporation.
(2) If an owners corporation has a committee, the
secretary of the committee is also the secretary of
the owners corporation.
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Part 4—Meetings and Decisions of Owners Corporation
(3) If at any time there is not a secretary of the owners
corporation or the secretary is absent, the
functions of the secretary under this Act may be
carried out by—
(a) in the case of a function under section 127,
the chairperson of the owners corporation;
and
(b) in any other case, the manager of the owners
corporation.
__________________
49
s. 99
Owners Corporations Act 2006
Act No. 69/2006
s. 100
Part 5—Committees
PART 5—COMMITTEES
100. Election of committee
(1) An owners corporation affecting 13 or more lots
must elect a committee at each annual general
meeting.
(2) An owners corporation affecting less than 13 lots
may elect a committee at an annual general
meeting.
101. Functions and powers of committee
(1) Subject to this section and the rules of the owners
corporation, a committee has all the powers and
functions that may be delegated by the owners
corporation under section 11.
Note: Powers and functions that require a unanimous resolution
or a special resolution of the owners corporation cannot be
delegated under section 11.
(2) Sub-section (1) does not apply to a matter or type
of matter that the owners corporation has
determined may be determined only by ordinary
resolution of the owners corporation at a general
meeting.
Note: See section 82.
102. Delegation by committee
(1) A committee may by instrument delegate any of
its powers and functions to—
(a) the manager; or
(b) a lot owner.
(2) A committee may by instrument sub-delegate a
power or function delegated to the committee to a
member of the committee.
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Part 5—Committees
103. Membership of committees
(1) A committee of an owners corporation must have
at least 3 and not more than 12 members.
(2) The members of the committee must be lot
owners or hold proxies on behalf of lot owners.
(3) There must not be more than one member of the
committee from any one lot.
(4) A lot owner or a proxy for a lot owner may
nominate for election as a member of the
committee—
(a) in writing; or
(b) orally if the lot owner is present at the annual
general meeting.
(5) Subject to this Act and the regulations, the
members of the committee hold office from their
election until a new committee is elected.
(6) The owners corporation may at an annual general
meeting or special general meeting resolve to add
or remove a committee member or replace or
remove a committee.
(7) If a lot owner is in arrears for any amount of fees
or other amount owing to the owners
corporation—
(a) the lot owner or a proxy for the lot owner is
not eligible to be elected as a member of the
committee; and
(b) if the lot owner or a proxy for a lot owner is
a member of the committee at the time the
amount came into arrears, the lot owner is
suspended as a member of the committee
until the amount is paid.
51
s. 103
Owners Corporations Act 2006
Act No. 69/2006
s. 104
Part 5—Committees
104. Casual vacancies on a committee
(1) A casual vacancy is a vacancy that occurs
between annual general meetings.
(2) If there is a casual vacancy on a committee, the
remaining members of the committee may—
(a) co-opt another lot owner or a person holding
a proxy for a lot owner to be a member of the
committee; or
(b) if there are 3 or more remaining members,
proceed without filling the vacancy.
105. Chairperson of committee
The members of the committee must appoint a
member of the committee to be the chairperson.
106. Acting chairperson
(1) The members of the committee may appoint a
member of the committee to act as chairperson in
the event that the chairperson is absent or unable
to act.
(2) The acting chairperson has all the powers and
functions of the chairperson while acting as the
chairperson.
107. Secretary of committee
The members of the committee must appoint a
member of the committee to be the secretary of
the committee.
108. How can a meeting of a committee be called?
A meeting of a committee may be called by—
(a) the chairperson of the committee; or
(b) the secretary of the committee; or
(c) a resolution of the owners corporation; or
(d) a resolution of the committee; or
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Part 5—Committees
(e) the manager of the owners corporation; or
(f) a delegate of the owners corporation.
Note: See section 11 for power to delegate.
109. Notice of meetings
(1) The secretary must give notice of a meeting of the
committee to the members of the committee.
(2) The notice must be given—
(a) at least 3 days (excluding public holidays)
before the meeting; or
(b) as determined by the owners corporation.
(3) The notice must set out—
(a) the time and place of the meeting; and
(b) the Agenda for the meeting.
110. Co-opted members
A committee may co-opt any member of a subcommittee to assist the committee in carrying out
its functions.
111. Ballots
(1) A ballot held by a committee must be held in
accordance with this section.
(2) A notice in writing containing the proposed
resolution to be voted on must be sent to each
member of the committee.
Note: The Electronic Transactions (Victoria) Act 2000
enables this notice to be given electronically.
(3) The document must set out a date (being not less
than 14 days after the date of document) that is to
be the closing date for the ballot.
(4) A resolution for which a ballot is held is passed
only if a majority of the members of the
committee state that they are in favour of the
resolution before the closing date for the ballot.
53
s. 109
Owners Corporations Act 2006
Act No. 69/2006
s. 112
Part 5—Committees
112. Proceedings of committee
(1) The quorum for a meeting of a committee is at
least half of the members of the committee.
(2) A resolution of a committee must be made—
(a) by ballot; or
(b) by show of hands or in another prescribed
manner.
(3) Each member participating in a meeting is entitled
to one vote.
(4) A member may participate in a meeting in person
or by teleconferencing in accordance with the
regulations.
(5) A person co-opted to assist the committee is not
entitled to vote at a meeting.
(6) If there is not a quorum for a meeting of a
committee, the members of the committee present
may make an interim resolution.
(7) An interim resolution does not take effect unless it
is confirmed—
(a) at the next meeting at which a quorum is
present; or
(b) by ballot under section 111; or
(c) in accordance with the rules.
(8) A resolution of the committee is a resolution that a
majority of the members participating in a
meeting of the committee agree is a resolution of
the committee.
(9) In the event of an equality of votes, the
chairperson of the committee has a second or
casting vote.
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Part 5—Committees
(10) A person who participates in a meeting by means
of teleconferencing or another prescribed manner
is to be taken to be present in person at the
meeting.
(11) Subject to this Act and the directions of the
owners corporation, the committee may regulate
its own proceedings.
113. Resolutions of committee to be resolutions of owners
corporation
A resolution of the committee of an owners
corporation in respect of any matter has effect as a
resolution of the owners corporation.
114. Minutes
(1) The committee must keep minutes of meetings.
(2) The secretary is responsible for keeping the
minutes at meetings of the committee.
(3) The following must be recorded in the minutes of
a meeting—
(a) the date, time and place of the meeting; and
(b) the names of the members present; and
(c) the names of the members voting; and
(d) all resolutions of the committee; and
(e) the voting on all resolutions of the
committee.
(4) A member of the owners corporation may inspect
the minutes of the committee.
115. Committee to report
The committee must present a report of its
activities and the activities of any of its subcommittees to the annual general meeting of the
owners corporation.
55
s. 113
Owners Corporations Act 2006
Act No. 69/2006
s. 116
Part 5—Committees
116. Sub-committees
(1) The committee may appoint sub-committees in
accordance with the rules.
(2) The rules may provide for the role and functions
of a sub-committee.
(3) A quorum for a meeting of a sub-committee is at
least half the members of the sub-committee.
(4) Sections 105, 106, 107, 108, 109, 110, 111, 112
and 114 apply to a sub-committee as if it were a
committee.
117. Duties of committees and sub-committees
A member of a committee or sub-committee of an
owners corporation—
(a) must act honestly and in good faith in the
performance of his or her functions; and
(b) must exercise due care and diligence in the
performance of his or her functions; and
(c) must not make improper use of his or her
position as a member to gain, directly or
indirectly, an advantage for himself or
herself or for any other person.
118. Immunity of committee members
(1) A member of a committee or a sub-committee is
not personally liable for anything done or omitted
to be done in good faith—
(a) in the exercise of a power or the carrying out
of a function under this Act or the
regulations; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the carrying out of a function under this Act
or the regulations.
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Part 5—Committees
(2) Any liability resulting from an act or omission
that, but for sub-section (1), would attach to a
person, attaches instead to the owners corporation.
__________________
57
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Owners Corporations Act 2006
Act No. 69/2006
s. 119
Part 6—Managers
PART 6—MANAGERS
119. Appointment and removal of manager
(1) An owners corporation may appoint a person to be
the manager of the owners corporation.
(2) If the manager is to receive a fee or reward for
carrying out the functions of manager, a person is
not eligible to be appointed unless the person is a
registered manager.
(3) An instrument or contract of appointment must be
in the approved form.
(4) A manager need not be a lot owner.
(5) A person must not be appointed as a manager for
fee or reward unless the person holds professional
indemnity insurance that is sufficient to meet
claims up to a level of the prescribed amount in
any one year.
(6) An owners corporation may revoke the
appointment of a manager.
120. Functions of manager where there is a committee
(1) If there is a committee of the owners corporation,
a manager has the functions conferred on the
manager by—
(a) this Act and the regulations; and
(b) the rules of the owners corporation; and
(c) the owners corporation by resolution at a
general meeting; and
(d) delegation by the owners corporation.
(2) If there is a committee of the owners corporation,
the manager must report to the committee, as
required by the committee, on the carrying out of
the functions conferred on the manager.
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121. Functions of manager where there is no committee
If there is no committee of the owners
corporation, the manager has the functions and
powers that are delegated to the manager by the
owners corporation under section 11 at a general
meeting.
Note: Powers and functions that require a unanimous
resolution or a special resolution cannot be delegated
under section 11.
122. Duties of manager
(1) A manager—
(a) must act honestly and in good faith in the
performance of the manager's functions; and
(b) must exercise due care and diligence in the
performance of the manager's functions; and
(c) must not make improper use of the
manager's position to gain, directly or
indirectly, an advantage personally or for any
other person.
(2) A manager—
(a) holds all money held on behalf of an owners
corporation on trust for the owners
corporation; and
(b) must account separately for the money held
for each owners corporation by the manager.
123. Immunity of volunteer manager
(1) A member of an owners corporation who carries
out the duties of a manager of the owners
corporation (without fee or reward) is not
personally liable for anything done or omitted to
be done in good faith—
(a) in the exercise of a power or the carrying out
of a function under this Act or the
regulations; or
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Part 6—Managers
s. 124
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the carrying out of a function under this Act
or the regulations.
(2) Any liability resulting from an act or omission
that but for sub-section (1), would attach to a
person, attaches instead to the owners corporation.
124. Delegation
A manager may delegate to an employee of the
manager any function conferred on the manager
including a function conferred by delegation.
125. VCAT may appoint manager
If an owners corporation has not appointed a
manager, a lot owner or a mortgagee of a lot may
apply to VCAT for an order appointing a manager
of the owners corporation.
126. Report
(1) The manager of an owners corporation must
submit a report of the manager's activities to each
annual general meeting of the owners corporation.
(2) The report must include details of the professional
indemnity insurance held by the manager in
compliance with section 119(5).
127. Manager to return records
A manager of an owners corporation must, within
28 days of termination of appointment as
manager, return to the secretary of the owners
corporation all records relating to the owners
corporation or funds of the owners corporation
held or controlled by the manager.
Penalty: 60 penalty units.
__________________
60
Owners Corporations Act 2006
Act No. 69/2006
Part 7—Duties and Rights of Lot Owners and Occupiers
PART 7—DUTIES AND RIGHTS OF LOT OWNERS AND
OCCUPIERS
128. Compliance with laws
A lot owner must comply with this Act, the
regulations under this Act and the rules of the
owners corporation.
129. Care of lots
A lot owner must—
(a) properly maintain in a state of good and
serviceable repair any part of the lot that
affects the outward appearance of the lot or
the use or enjoyment of other lots or the
common property; and
(b) maintain any service that serves that lot
exclusively.
130. Care of common property
A lot owner must not use or neglect the common
property or permit it to be used or neglected in a
manner that is likely to cause damage or
deterioration to the common property.
131. Overhanging eaves
If a boundary of a lot that bisects a roof is located
at any location other than the internal face of the
walls of the building, the lot owner is responsible
for the maintenance of any eaves and guttering
that overhang the boundary of the lot.
132. Right to decorate interior walls, floors and ceilings
(1) If a boundary of a lot is shown on a plan of
subdivision as being the interior face of the
building, the lot owner has the right to decorate or
attach fixtures or chattels to that face.
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s. 133
Part 7—Duties and Rights of Lot Owners and Occupiers
(2) This section permits works such as curtaining,
painting, wallpapering and installing floor
coverings, light fittings and other chattels.
133. Notice of planning and building applications and
plans of subdivision
A lot owner must give notice to the owners
corporation of any application by the lot owner for
a building permit or planning permit or the
certification of a plan of subdivision affecting the
lot.
134. Address of new owners
(1) A lot owner who sells a lot must advise the
owners corporation of the name and address of the
new owner within one month of the completion of
the contract.
(2) A person who acquires a lot must advise the
owners corporation of the person's name and
address within one month of the completion of the
contract.
135. Address of absent owners
A lot owner who does not occupy the lot or who
will be absent from the lot for more than 3 months
must advise the owners corporation of the lot
owner's mailing address for service of notices and
any changes to it as soon as possible.
136. Advice to occupiers
A lot owner who does not occupy his or her lot
must give the occupier of the lot—
(a) copy of the rules of the owners corporation
at the commencement of occupation; and
(b) copy of the consolidated rules of the owners
corporation as soon as possible after it is
lodged with the Registrar.
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Part 7—Duties and Rights of Lot Owners and Occupiers
137. Duties of occupiers of lots
An occupier of a lot—
(a) must comply with this Act and the
regulations under this Act and the rules of
the owners corporation; and
(b) must not use or neglect the common property
or permit it to be used or neglected in a
manner that is likely to cause damage or
deterioration to the common property.
__________________
63
s. 137
Owners Corporations Act 2006
Act No. 69/2006
s. 138
Part 8—Rules of the Owners Corporation
PART 8—RULES OF THE OWNERS CORPORATION
138. Power to make rules
(1) By special resolution, an owners corporation may
make rules for or with respect to any matter set
out in Schedule 1.
(2) By special resolution, an owners corporation may
amend or revoke any rules made under subsection (1).
(3) A rule must be for the purpose of the control,
management, administration, use or enjoyment of
the common property or of a lot.
Note: Rules may be made on the registration of the relevant
plan under Part 5 of the Subdivision Act 1988.
See section 27E.
139. Model rules
(1) The regulations may prescribe model rules in
relation to any matter in respect of which rules can
be made.
(2) If the owners corporation does not make any rules
or revokes all of its rules, then the model rules
apply to it.
(3) If the model rules provide for a matter and the
rules of the owners corporation do not provide for
that matter, the model rules relating to that matter
are deemed to be included in the rules of the
owners corporation.
140. Rules to be of no effect if inconsistent with law
A rule of an owners corporation is of no effect if
it—
(a) unfairly discriminates against a lot owner or
an occupier of a lot; or
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Part 8—Rules of the Owners Corporation
(b) is inconsistent with or limits a right or avoids
an obligation under—
(i) this Act; or
(ii) the Subdivision Act 1988; or
(iii) the regulations under this Act; or
(iv) the regulations under the Subdivision
Act 1988; or
(v) any other Act or regulation.
141. Who is bound by the rules?
The rules of an owners corporation are binding
on—
(a) the owners corporation;
(b) the lot owners;
(c) any lessee or sub-lessee of a lot;
(d) any occupier of a lot.
142. Recording of rules
(1) If an owners corporation makes rules under this
Act, the owners corporation must lodge with the
Registrar a copy of the rules that has been
certified by the secretary of the owners
corporation.
(2) If an owners corporation amends any rules under
this Act, the owners corporation must lodge with
the Registrar a consolidated copy of the rules
(incorporating the amendment) that has been
certified by the secretary of the owners
corporation.
(3) The Registrar must record the rules in the Register
kept under the Transfer of Land Act 1958.
65
s. 141
Owners Corporations Act 2006
Act No. 69/2006
s. 143
Part 8—Rules of the Owners Corporation
(4) A rule takes effect—
(a) on the day that the rule is recorded by the
Registrar in the Register; or
(b) on a later date specified in the rules.
(5) An amendment to a rule takes effect—
(a) on the day that the consolidated rules
(incorporating the amendment) is recorded
by the Registrar in the Register; or
(b) on a later date specified in the consolidated
rules.
143. Rules to be given to lot owners
An owners corporation must ensure that—
(a) a copy of the rules of the owners corporation
is given to each lot owner as soon as
practicable after the rules are lodged with the
Registrar; and
(b) if the rules are amended, a copy of the
consolidated rules (incorporating the
amendment) is given to each lot owner as
soon as practicable after the consolidated
rules are lodged with the Registrar.
__________________
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Owners Corporations Act 2006
Act No. 69/2006
Part 9—Records
PART 9—RECORDS
Division 1—Keeping of Records
144. Keeping of records
An owners corporation must keep the following
records in respect of the owners corporation—
(a) the full name and address of each lot owner;
(b) a consolidated copy of the rules;
(c) minutes of meetings;
(d) copies of resolutions;
(e) records of the results of ballots;
(f) proxies;
(g) voting papers or ballots;
(h) correspondence;
(i) accounting records;
(j) records of assets and liabilities;
(k) financial statements;
(l) income tax returns of the owners corporation
and GST records (if any);
(m) insurance policies;
(n) maintenance plans;
(o) notices and orders served on the owners
corporation by a court or tribunal or under an
Act;
(p) notices served by the owners corporation,
including notices under Part 10;
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Owners Corporations Act 2006
Act No. 69/2006
s. 145
Part 9—Records
(q) contracts and agreements entered into by the
owners corporation;
(r) leases and licences to the owners
corporation;
(s) leases and licences from the owners
corporation.
145. How long must records be kept?
(1) An owners corporation must keep voting papers
and ballots for 12 months after the vote or ballot is
taken.
(2) An owners corporation must keep proxies for
12 months after they expire or are revoked.
(3) An owners corporation must keep all other
documents of a kind set out in section 144 for at
least 7 years.
146. Availability of records
(1) The owners corporation, on request by a lot
owner, a mortgagee of a lot, a purchaser of a lot or
the representative of a lot owner or mortgagee or
purchaser of a lot, must make the records of the
owners corporation required to be kept under this
Division available to that person for inspection at
any reasonable time, free of charge.
(2) The owners corporation may at the request of a
person entitled to inspect the records and on
payment of a reasonable fee provide a copy of any
record of the owners corporation.
(3) A fee determined by the owners corporation for
the purposes of this section must not exceed the
prescribed maximum fee.
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Part 9—Records
Division 2—Owners Corporation Register
147. Owners corporation register
(1) The applicant for registration of a plan of
subdivision that provides for the creation of an
owners corporation must establish an owners
corporation register.
(2) An owners corporation existing on the date of
commencement of this section must establish an
owners corporation register within the time
prescribed by the regulations.
(3) An owners corporation must maintain the owners
corporation register.
148. What must be kept on the owners corporation
register?
Subject to the regulations, the following must be
kept on the owners corporation register—
(a) the owners corporation plan number and
address;
(b) the name and address of each lot owner;
(c) the name of the manager, registration
number of the manager and contact details of
the manager (if any);
(d) total lot liability and total lot entitlements;
(e) lot liability and lot entitlements for each lot
affected by the owners corporation;
(f) the basis for the setting of lot liability and lot
entitlement (if available);
(g) the date of each amendment to the owners
corporation rules and the date of the
recording of the consolidated rules
(incorporating the amendment) in the
Register kept under the Transfer of Land
Act 1958;
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s. 147
Owners Corporations Act 2006
Act No. 69/2006
s. 149
Part 9—Records
(h) details of any notices or orders served on the
owners corporation by a court or tribunal or
under an Act;
(i) details of contracts, leases and licences
entered into by the owners corporation;
(j) details of the insurance policies taken out by
the owners corporation including—
(i) the name of the insurance company;
(ii) the number of the insurance policy;
(iii) the nature of the risk insured;
(iv) the amount of insurance;
(v) the due date of the premium;
(vi) the date that the premium was last paid.
149. In what form must the register be kept?
The owners corporation register must be kept in a
form that is readily accessible and convertible into
writing in the English language.
Note: An owners corporation register can be kept in an electronic
form.
150. Availability of register
(1) The owners corporation, on request by a lot
owner, a mortgagee of a lot or a purchaser of a lot
or the representative of a lot owner or a mortgagee
or a purchaser of a lot, must make the owners
corporation register available to that person for
inspection at any reasonable time, free of charge.
(2) The owners corporation may at the request of a
person entitled to inspect the owners corporation
register and on payment of a reasonable fee
provide a copy of the register or any part of the
register of the owners corporation.
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Act No. 69/2006
Part 9—Records
(3) A fee determined by the owners corporation for
the purposes of this section must not exceed the
prescribed maximum fee.
Division 3—Owners Corporation Certificate
151. Owners corporation certificate
(1) Any person may apply to the owners corporation
for an owners corporation certificate.
(2) The application must be in writing and must be
accompanied by the prescribed fee.
Note: The Electronic Transactions (Victoria) Act 2000
enables this application to be made electronically.
(3) The owners corporation must issue an owners
corporation certificate within 10 business days
after it receives an application and fee under this
section.
(4) An owners corporation certificate must—
(a) contain the prescribed information relating to
the owners corporation and a lot which must
include the prescribed information relating
to—
(i) fees payable in respect of the lot;
(ii) fees and charges that are imposed or
proposed to be imposed on the lot;
(iii) fees and other money owing in respect
of the lot;
(iv) insurance;
(v) repairs and maintenance;
(vi) the funds held by the owners
corporation;
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Act No. 69/2006
s. 151
Part 9—Records
(vii) liabilities and contingent liabilities of
the owners corporation including any
liabilities or contingent liabilities
arising from legal proceedings;
(viii) contracts, leases, licences and
agreements affecting the common
property;
(ix) services provided to lot owners and
occupiers and the public;
(x) notices and orders served on the owners
corporation;
(xi) legal proceedings to which the owners
corporation is a party;
(xii) the manager;
(xiii) any appointment of an administrator;
and
(b) be accompanied by—
(i) a copy of the rules, or, if the rules have
been amended the consolidated rules of
the owners corporation as recorded on
the Register; and
(ii) a statement in the prescribed form
providing advice and information to
prospective purchasers and lot owners;
and
(iii) a copy of all resolutions made at the
last annual general meeting of the
owners corporation; and
(iv) any other documents of a prescribed
kind; and
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Part 9—Records
(v) a statement advising that further
information on prescribed matters can
be obtained by inspection of the owners
corporation register.
__________________
73
s. 151
Owners Corporations Act 2006
Act No. 69/2006
s. 152
Part 10—Dispute Resolution
PART 10—DISPUTE RESOLUTION
Division 1—Complaints and Procedures
152. Complaints
(1) A lot owner or an occupier of a lot or a manager
may make a complaint to the owners corporation
about an alleged breach by a lot owner or an
occupier of a lot or a manager of an obligation
imposed on that person by this Act or the
regulations or the rules of the owners corporation.
(2) A complaint must be made in writing in the
approved form.
(3) An owners corporation must make a copy of the
approved form available at the request of a person
who wishes to make a complaint under this
section.
(4) A complaint cannot be made under this section in
relation to a personal injury.
153. Decision whether to take action in respect of alleged
breach
(1) This section applies if—
(a) a complaint is made under section 152; or
(b) it otherwise comes to the attention of the
owners corporation that a lot owner or an
occupier of a lot or a manager may have
breached this Act or the regulations or the
rules of the owners corporation.
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Act No. 69/2006
Part 10—Dispute Resolution
(2) The owners corporation must decide—
(a) to take action under this Part in respect of the
alleged breach; or
(b) to apply to VCAT for an order requiring the
person to rectify the breach; or
(c) to take no action in respect of the alleged
breach.
(3) An owners corporation must not take action under
this Part or apply to VCAT for an order in relation
to an alleged breach unless—
(a) the dispute resolution process required by the
rules has first been followed; and
(b) the owners corporation is satisfied that the
matter has not been resolved through that
process.
(4) The owners corporation must not take action
against a person under this Part or apply to VCAT
for an order in respect of an alleged breach unless
it believes on reasonable grounds that the person
has committed the alleged breach.
(5) A decision under this Part cannot prevent the
carrying out of an obligation under section 46
or 47 that is necessary to ensure safety or to
prevent significant loss or damage.
154. Notice of decision not to take action
(1) If an owners corporation decides not to take action
under this Part or to apply to VCAT for an order
in respect of an alleged breach, it must give notice
of the decision to any person who made a
complaint under section 152 in respect of the
alleged breach.
(2) The notice must set out the reasons for the
decision.
75
s. 154
Owners Corporations Act 2006
Act No. 69/2006
s. 155
Part 10—Dispute Resolution
155. Notice to rectify breach
(1) If the owners corporation decides to take action
under this Part in respect of an alleged breach, it
must give notice of the allegation to the person
alleged to have committed the breach.
(2) A notice must specify the alleged breach and
require the person to whom the notice is given to
rectify the breach within 28 days after the date of
the notice.
(3) A notice under this section must be in writing in
the approved form.
(4) If the person alleged to have committed the breach
is an occupier of a lot affected by the owners
corporation, the owners corporation must give a
copy of the notice to the lot owner.
156. What if the person does not rectify the breach?
(1) If the person to whom notice is given under
section 155 does not rectify the breach within
28 days after the date of the notice under
section 155, the owners corporation may decide—
(a) to give the person more time to comply with
the notice; or
(b) to give the person a final notice; or
(c) not to proceed with the action under this
Part.
(2) If the owners corporation decides to give the
person more time to comply with the notice under
section 155, it must give the person notice of that
decision setting out the additional time for
compliance.
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(3) If the owners corporation gives a person more
time to comply with the notice under section 155
and the person does not comply within that time,
the owners corporation may decide—
(a) to give the person a final notice; or
(b) not to proceed with the action under this
Part.
(4) The owners corporation must give notice of its
decision under this section to—
(a) any person who made a complaint in respect
of the alleged breach under section 152; and
(b) the person to whom the notice was given
under section 155.
157. Final notice
(1) If the owners corporation decides to give a final
notice, the notice must—
(a) be in writing in the approved form; and
(b) state that the person must within 28 days
after the date of the notice rectify the breach;
and
(c) state that if the breach is not rectified within
that time, the owners corporation may decide
to apply to VCAT for an order requiring the
rectification of the breach.
(2) If the person who is given a final notice fails to
rectify the breach within the required time, the
owners corporation may decide—
(a) to apply to VCAT for an order requiring the
rectification of the breach; or
(b) to take no further action in respect of the
breach.
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Act No. 69/2006
s. 158
Part 10—Dispute Resolution
(3) The owners corporation must give notice of its
decision under this section to—
(a) the person to whom the notice was given
under sub-section (1); and
(b) any person who made a complaint under
section 152 in respect of the alleged breach.
Note: See Part 11 for applications to VCAT.
158. How may notice be given?
A notice given by an owners corporation under
this Part may be given to a person—
(a) by post addressed to the person at the
address of the lot, if the person is the
occupier of a lot; or
(b) by leaving it personally with the person; or
(c) by leaving it in the form of a letter in the
letterbox for the lot; or
(d) by leaving it with an occupier of the lot who
is apparently over the age of 16 years; or
(e) if the person is not the occupier of the lot, by
post to any address the person has provided
to the owners corporation as the address for
the service of notices.
159. Report to annual general meeting
(1) The owners corporation must report to the annual
general meeting in relation to—
(a) the number of complaints made under this
Division; and
(b) the nature of the complaints; and
(c) the number of matters on which action was
taken under this Division; and
(d) the nature of the matters in respect of which
action was taken; and
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Part 10—Dispute Resolution
(e) the number of matters in respect of which an
application was made to VCAT in respect of
an alleged breach of an obligation imposed
on a lot owner or occupier of a lot by this
Act or the regulations or the rules of the
owners corporation; and
(f) the nature of the matters referred to in
paragraph (e); and
(g) the outcome of each action or application.
(2) The report must not identify the person who made
a complaint or the lot owner or occupier alleged to
have committed the breach.
Division 2—Powers of Director
160. Making a complaint
(1) Any person may complain to the Director about
any matter that the Director has power to refer to
conciliation under section 161.
(2) A person may complain to the Director in writing.
(3) The Director may ask a person who has made a
complaint to give more information about the
complaint within the time fixed by the Director.
(4) A person who has made a complaint must give his
or her name to the Director and such other
information relating to his or her identity as the
Director may require.
161. Conciliation and mediation
(1) The Director may refer to a consumer affairs
employee for conciliation or mediation any
dispute (which is reasonably likely to be settled)
between any of the following that arises in
relation to the operation of the owners
corporation—
(a) a current or former lot owner;
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s. 160
Owners Corporations Act 2006
Act No. 69/2006
s. 161
Part 10—Dispute Resolution
(b) mortgagee of a lot;
(c) an insurer;
(d) an occupier of a lot;
(e) a purchaser of a lot;
(f) a manager of an owners corporation.
(2) Sub-section (1) does not apply to a dispute under
section 103(4) of the Fair Trading Act 1999.
(3) If the whole or any part of a dispute under subsection (1) falls within the jurisdiction of any
prescribed person or body, the Director must refer
the dispute, or that part of the dispute, to the
person within whose jurisdiction it falls.
(4) Sub-section (1) applies whether or not a person
has made a complaint.
(5) In this section—
"consumer affairs employee" means any person
employed under Part 3 of the Public
Administration Act 2004 in the
administration of this Act.
__________________
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Act No. 69/2006
Part 11—Applications to VCAT
PART 11—APPLICATIONS TO VCAT
Division 1—Owners Corporation Disputes
162. VCAT may hear and determine disputes
VCAT may hear and determine a dispute or other
matter arising under this Act or the regulations or
the rules of an owners corporation that affects an
owners corporation ("an owners corporation
dispute") including a dispute or matter relating
to—
(a) the operation of an owners corporation; or
(b) an alleged breach by a lot owner or an
occupier of a lot of an obligation imposed on
that person by this Act or the regulations or
the rules of the owners corporation; or
(c) the exercise of a function by a manager in
respect of the owners corporation.
163. Who may apply to VCAT in relation to a dispute?
(1) Any of the following persons may apply to VCAT
to resolve an owners corporation dispute—
(a) a manager or former manager;
(b) a lot owner or former lot owner;
(c) the owners corporation;
(d) an occupier or former occupier of a lot;
(e) a mortgagee of a lot;
(f) an insurer under a policy taken out by the
owners corporation;
(g) the Director.
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s. 162
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Act No. 69/2006
s. 164
Part 11—Applications to VCAT
(2) An application to VCAT by the owners
corporation for an order requiring a lot owner to
pay an amount payable by the lot owner to the
owners corporation can only be made if the
amount is not paid within 28 days after the final
notice is given under section 32.
164. VCAT may dismiss application
VCAT may make an order dismissing or striking
out an application by an owners corporation for an
order requiring the rectification of a breach
referred to in section 153 if it is satisfied that the
owners corporation has not complied with that
section.
165. What orders can VCAT make?
(1) In determining an owners corporation dispute,
VCAT may make any order it considers fair
including one or more of the following—
(a) an order requiring a party to do or refrain
from doing something;
(b) an order requiring a party to comply with
this Act or the regulations or the rules of the
owners corporation;
(c) an order for the payment of a sum of
money—
(i) found to be owing by one party to
another party;
(ii) by way of damages (including
exemplary damages and damages in the
nature of interest);
(iii) by way of restitution;
(d) an order varying any term of a contract or
agreement;
(e) an order declaring that a term of a contract or
agreement is, or is not, void;
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(f) an order declaring—
(i) the terms of a delegation; or
(ii) the meaning of a rule of the owners
corporation;
(g) if an owners corporation is required under
this Act to have a committee and a
committee has not been appointed at or
immediately after the first annual general
meeting, an order appointing a committee of
the owners corporation;
(h) an order appointing (with the person's
consent) or revoking the appointment of—
(i) the chairperson of the owners
corporation;
(ii) the secretary of the owners corporation;
(iii) a member of a committee or subcommittee of the owners corporation;
(i) an order—
(i) appointing a person (with the person's
consent) as manager of the owners
corporation, on specified terms and
conditions;
(ii) revoking the appointment of a manager
of an owners corporation;
(iii) imposing conditions or restrictions on
the management by a manager of the
owners corporation;
(j) an order in relation to damaged or destroyed
buildings or improvements;
(k) an order as to the payment of insurance
money under any policy taken out by an
owners corporation;
83
s. 165
Owners Corporations Act 2006
Act No. 69/2006
s. 166
Part 11—Applications to VCAT
(l) an order requiring an order to be recorded in
the owners corporation register, the register
of managers or in the Register kept under the
Transfer of Land Act 1958;
(m) an order requiring the Registrar to amend the
Register.
(2) In awarding damages in the nature of interest,
VCAT may base the amount awarded on the
interest rate fixed from time to time under
section 2 of the Penalty Interest Rates Act 1983
or on any lesser rate it thinks appropriate.
(3) VCAT may make any interim orders and ancillary
orders it thinks fit in relation to an owners
corporation dispute.
Note: Clause 51AD of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 provides that any
member of VCAT can make a declaration in a proceeding
under this Act.
166. Penalty for breach of rules
If VCAT determines that a person has failed to
comply with a rule of the owners corporation that
imposes an obligation that is binding on the
person, VCAT may make an order imposing a
civil penalty not exceeding $250.
Note: The penalties imposed under this section will be paid into
the Victorian Property Fund.
167. What must VCAT consider?
VCAT in making an order must consider the
following—
(a) the conduct of the parties;
(b) an act or omission or proposed act or
omission by a party;
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(c) the impact of a resolution or proposed
resolution on the lot owners as a whole;
(d) whether a resolution or proposed resolution
is oppressive to, unfairly prejudicial to or
unfairly discriminates against, a lot owner or
lot owners;
(e) any other matter VCAT thinks relevant.
168. Monetary orders
(1) If VCAT makes an order under section 165
relating to the payment of money by the owners
corporation, it may by order—
(a) direct that any money (including expenses
and costs) payable must be paid from
contributions levied in relation to the lots and
in the proportions specified in the order; and
(b) direct the owners corporation to levy
contributions in accordance with the order;
and
(c) prohibit the owners corporation from levying
a contribution from another party to the
dispute.
(2) If VCAT makes an order under section 165
relating to the payment of money by a manager, it
may by order prohibit the manager from seeking
or enforcing an indemnity from the owners
corporation or any other party.
169. Notice to Business Licensing Authority
VCAT must notify the Business Licensing
Authority of the making of any order revoking the
appointment of a manager.
85
s. 168
Owners Corporations Act 2006
Act No. 69/2006
s. 170
Part 11—Applications to VCAT
Division 2—Exemption Orders
170. Owners corporation may apply to VCAT for
exemption
An owners corporation may apply to VCAT for an
exemption from—
(a) compliance with a requirement under this
Act to include a lot owner's name in the
owners corporation register;
(b) a requirement under this Act to hold
insurance, where an appropriate insurance
policy cannot be obtained on reasonable
terms;
(c) a requirement under this Act to have a
unanimous resolution;
(d) a prescribed provision of this Act or the
regulations in the prescribed circumstances.
171. VCAT may make exemption order
(1) On an application under section 170, VCAT may
by order exempt the applicant from the
requirement for which the exemption is sought.
(2) An exemption must only be granted on a ground
in section 170(a) if VCAT is satisfied that
exceptional circumstances exist.
(3) An exemption on the ground in section 170(b)
must be granted only for a specified period (not
exceeding the prescribed period).
(4) An exemption must only be granted on the ground
in section 170(c) if the vote in favour of the
resolution is at least 75% of the total votes for all
the lots affected by the owners corporation and
there are no votes against the resolution.
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Part 11—Applications to VCAT
Division 3—Restriction of Access to Records
172. Application to VCAT to restrict access to
information
(1) A person whose name or other personal
information is kept in the records of the owners
corporation or on the owners corporation register
may apply to VCAT for an order restricting access
to that information.
(2) VCAT may, if it considers that exceptional
circumstances exist, by order direct the owners
corporation not to allow access to information
about a person held in the owners corporation
records or on the owners corporation register for
the period specified in the order.
(3) An order under this section may specify
conditions, including conditions specifying the
persons who are not to have access to the
information.
Division 4—Appointment of Administrator
173. Application for appointment of administrator
An owners corporation, a lot owner, a creditor of
an owners corporation or any person with an
interest in land affected by an owners corporation
may apply to VCAT for the appointment of an
administrator for the owners corporation.
174. Appointment of administrator
On an application under section 173, VCAT
may—
(a) appoint an administrator and set down terms
and conditions of the appointment; or
(b) make any other order it thinks fit.
87
s. 172
Owners Corporations Act 2006
Act No. 69/2006
s. 175
Part 11—Applications to VCAT
175. Remuneration of administrator
The lot owners must pay the remuneration and
expenses of the administrator in accordance with
their lot liabilities or, if the order otherwise
provides, in accordance with the order.
176. Powers and responsibilities of administrator
An administrator—
(a) must lodge with the Registrar a copy of the
order of appointment without delay;
(b) may proceed to alter a plan relating to land
affected by the owners corporation in any of
the ways set out in section 32 of the
Subdivision Act 1988 only in accordance
with an order of VCAT or a court order;
(c) subject to any order of VCAT or court order,
may do anything that the owners corporation
or the committee can do;
(d) may delegate in writing any power.
177. Administrator to act in good faith
An administrator in carrying out any functions and
powers conferred by or under this Act or the
Subdivision Act 1988—
(a) must act honestly and in good faith; and
(b) must exercise due care and diligence.
__________________
88
Owners Corporations Act 2006
Act No. 69/2006
Part 12—Registration of Managers
PART 12—REGISTRATION OF MANAGERS
Division 1—Managers to be Registered
178. Offence to act as manager without being registered
A person must not, alone or in partnership, carry
out any function as the manager of an owners
corporation for fee or reward unless the person is
registered under this Part.
Penalty: 60 penalty units.
179. Eligibility for registration
A person is not eligible to be registered under this
Part if—
(a) in the case of a natural person, the person is
under 18 years of age; or
(b) the person or, if the person is a corporation, a
director of the corporation, is a represented
person within the meaning of the
Guardianship and Administration Act
1986; or
(c) the person, or if the person is a corporation, a
director of the corporation, is an insolvent
under administration or an externallyadministered body corporate.
180. Application for registration
(1) An application for registration as a manager may
be made to the Business Licensing Authority.
(2) An application must be—
(a) in writing in or to the effect of the form
approved by the Business Licensing
Authority and must be verified by statutory
declaration; and
89
s. 178
Owners Corporations Act 2006
Act No. 69/2006
s. 181
Part 12—Registration of Managers
(b) accompanied by evidence as to the identity
of—
(i) the applicant; or
(ii) if the applicant is a corporation, the
directors of the corporation—
by means of a birth certificate, passport
(if the passport is current or expired for not
more than 2 years), driver licence or any
other document in one of the prescribed
categories; and
(c) accompanied by evidence that the applicant
is covered by the required professional
indemnity insurance; and
(d) accompanied by the prescribed fee.
181. Further information
The Business Licensing Authority may ask the
applicant to give it any further information that it
reasonably requires to determine the application
and may refuse the application if the applicant
does not comply with the request within the time
specified by the Authority.
182. Registration
(1) The Business Licensing Authority must register
the applicant under this Part if it is satisfied that
the applicant—
(a) is eligible to be registered under this Part;
and
(b) has complied with sections 180 and 181.
(2) A registration remains in force until it is cancelled
or surrendered.
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Part 12—Registration of Managers
183. Annual registration fee and statement
(1) A registered manager must pay to the Business
Licensing Authority the prescribed annual
registration fee on the anniversary of the date the
manager was last registered under this Part.
(2) An annual registration fee may be paid at any time
in the 6 weeks before it falls due.
(3) The payment must be accompanied by a statement
in respect of the year up to the date that the
payment is made that is in a form approved by the
Authority and that is signed—
(a) by the manager, if the manager is a natural
person; or
(b) if the manager is a corporation, by a director
of the corporation.
(4) The statement must contain any information, and
be accompanied by any documents, required by
the Authority.
184. Extension of time
(1) On payment of the prescribed fee (if any), a
person may apply to the Business Licensing
Authority for an extension of time, or a further
extension of time, in which to comply with
section 183.
(2) The Business Licensing Authority may grant the
application if it is made before the date in relation
to which the extension is sought.
91
s. 183
Owners Corporations Act 2006
Act No. 69/2006
s. 185
Part 12—Registration of Managers
185. Failure to lodge annual statement
(1) If a registered manager fails to comply with
section 183, the Business Licensing Authority
must give the manager a written notice stating that
unless the manager complies with that section and
also pays to the Business Licensing Authority the
prescribed late payment or lodgement fee by the
date specified in the notice, the manager's
registration will be cancelled.
(2) The date specified in the notice must be at least
14 days after the date on which the notice is given
to the manager.
(3) If the manager has not complied with section 183
and paid the late payment or lodgement fee by the
date specified in the notice, the registration is
automatically cancelled.
186. Automatic cancellation of registration
A person's registration as a manager is
automatically cancelled if—
(a) the person or, if the person is a corporation, a
director of the corporation, becomes a
represented person within the meaning of the
Guardianship and Administration Act
1986; or
(b) the person, or if the person is a corporation, a
director of the corporation, becomes an
insolvent under administration or an
externally-administered body corporate.
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187. Death, disability etc. of registered manager
(1) The following persons may carry on the
management business of a person who was
registered under this Part for 60 days after the
person ceases to be registered—
(a) if the person dies, the executor named in the
person's will or the administrator of the
person's estate or any person who intends
applying for letters of administration in
relation to the person's estate;
(b) if the person becomes an insolvent under
administration, the assignee, trustee or
receiver of the person;
(c) if the person becomes a represented person
within the meaning of the Guardianship
and Administration Act 1986, the
guardian or administrator of the person or
any person nominated by the guardian or
administrator;
(d) if the person becomes an externallyadministered body corporate, the liquidator,
official manager, receiver, receiver and
manager or other external administrator.
(2) If a person authorised to carry on a business
applies to the Business Licensing Authority within
the 60 day period for permission to carry on the
business for a longer period, the person may
continue to carry on the business until the
Authority makes a decision on the application.
(3) The Business Licensing Authority may grant an
application if it is satisfied that it is not contrary to
the public interest to do so.
(4) In granting its permission, the Authority may limit
it in any way it thinks appropriate and may impose
any conditions it thinks appropriate to ensure the
ongoing protection of the public interest.
93
s. 187
Owners Corporations Act 2006
Act No. 69/2006
s. 188
Part 12—Registration of Managers
(5) A person who carries on a management business
under this section is deemed to be a registered
manager for the purposes of this Act.
188. If details given in application or annual statement
change
If, before a decision is made under section 182 to
register a person as a manager or while a
registration is in force, a material change occurs in
any of the details provided in the application for
registration or in the last statement lodged by a
person under section 183, the person must give the
Business Licensing Authority written details of
the change within 14 days after the person
becomes aware of the change.
Penalty: 10 penalty units.
189. Offence to supply false or misleading information
A person who is required under this Part to give
any information or document to the Business
Licensing Authority must not—
(a) give information that the person believes to
be false or misleading in a material
particular; or
(b) produce a document that the person knows to
be false or misleading in a material particular
without indicating the respect in which it is
false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
190. Cancellation of registration if false information is
given
The Business Licensing Authority may cancel the
registration of a manager if the Authority believes
on reasonable grounds that the manager has
obtained that registration by providing false or
misleading information.
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Part 12—Registration of Managers
191. Application for review
(1) A person whose interests are affected by a
decision of the Business Licensing Authority
under this Act may apply to VCAT for a review of
the decision.
(2) An application for review must be made within
28 days after the later of—
(a) the day on which the decision is made; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
Division 2—Register of Managers
192. Register of managers
The Licensing Registrar must keep a register of
managers in the form determined by the Licensing
Registrar.
193. Purposes of register of managers
The purposes of keeping the register of managers
are—
(a) to enable lot owners and members of the
public to have access to information about
registered managers; and
(b) to record details of the professional
indemnity insurance held by registered
managers; and
95
s. 191
Owners Corporations Act 2006
Act No. 69/2006
s. 194
Part 12—Registration of Managers
(c) to provide the Director and the Business
Licensing Authority with information
enabling them to contact registered managers
to inform them of changes in legal
requirements affecting them; and
(d) to provide the Director and the Business
Licensing Authority with information in
relation to owners corporations managed by
a registered manager to enable them to
contact the owners corporations in relation to
the activities of the manager.
194. What must the register of managers contain?
The register of managers must contain
information that is available to the Business
Licensing Authority on the following in relation to
each person registered as a manager under this
Part—
(a) the registration number issued by the
Business Licensing Authority;
(b) the name of the person;
(c) if the person is a natural person, the person's
address for service, telephone number and
email address (if any);
(d) if the person is a corporation—
(i) the corporate name (including the
ACN);
(ii) the address of its registered office or its
address for service if this is different
from its registered office;
(iii) the telephone number and email
address (if any);
(iv) the name of each director of the
corporation;
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Part 12—Registration of Managers
(e) all business names under which the person
carries on a management business;
(f) the Australian Business Number (if any)
issued under the A New Tax System
(Australian Business Number) Act 1999 of
the Commonwealth issued to the person;
(g) the Internet site address maintained by the
person for the purposes of the management
business (if any);
(h) current details of the professional indemnity
insurance held by the person;
(i) any orders of VCAT under this Act relating
to the person as a manager, including orders
for appointment or removal of the person as
manager;
(j) any undertakings given to the Director under
this Act or the Fair Trading Act 1999;
(k) the date of grant, surrender or cancellation of
registration;
(l) any other prescribed information.
195. Inspection of register of managers
A person in accordance with the regulations (if
any) and on payment of the prescribed fee (if any)
may—
(a) inspect the register of managers; and
(b) obtain copies of, or extracts from, the
register of managers.
97
s. 195
Owners Corporations Act 2006
Act No. 69/2006
s. 196
Part 12—Registration of Managers
196. Removal of information from register of managers
Subject to the Public Records Act 1973, the
Licensing Registrar, if in his or her opinion it is no
longer necessary or desirable to retain it, may
remove any information from the register of
managers 12 years after the information was
added to the register.
197. Duty of Licensing Registrar
In the exercise and performance of his or her
duties under this Part the Licensing Registrar must
act on any information that appears to the
Licensing Registrar sufficient in each case.
Division 3—General
198. Provision of information for the purposes of this Act
Despite anything to the contrary in section 18 of
the Business Licensing Authority Act 1998, for
the purposes of determining compliance with this
Act and for carrying out the functions of the
Business Licensing Authority or the Director
under this Act—
(a) the Authority may disclose to the Director,
any information collected in the course of
carrying out the Authority's functions under
this Act; and
(b) the Director may disclose to the Authority
any information collected in the course of
carrying out the Director's functions under
this Act.
199. Application of Fair Trading Act 1999
(1) Part 10 of the Fair Trading Act 1999 (except
sections 120, 121 and 130) extends and applies
(with any necessary modifications) to this Part as
if any reference in that Part 10 to the Fair
Trading Act 1999 were a reference to this Part.
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Part 12—Registration of Managers
(2) Sections 106HA, 143 and 144 and Division 2 of
Part 11 (except section 155) of the Fair Trading
Act 1999 extend and apply (with any necessary
modifications) to this Part as if any reference in
those provisions to the Fair Trading Act 1999
were a reference to this Part.
(3) For the purposes of sub-section (2), section 153 of
the Fair Trading Act 1999 applies as if a
reference in that section to Part 2, 2A, 2B, 3, 4, 5
or 6 of the Fair Trading Act 1999 were a
reference to this Part.
(4) For the purposes of sub-section (2), section 154 of
the Fair Trading Act 1999 applies as if a
reference to prescribed proceedings were a
reference to—
(a) proceedings for an offence against a
provision of this Part (except an offence
applied by sub-section (1)); or
(b) proceedings on an application for an
injunction under section 149, 149A or 150 of
the Fair Trading Act 1999 (as applied by
sub-section (2)) against a person alleged to
have contravened a provision of this Part
(except an offence applied by subsection (1)); or
(c) proceedings on an application for an order
under section 158, or for damages under
section 159 of the Fair Trading Act 1999
(as applied by sub-section (2)).
__________________
99
s. 199
Owners Corporations Act 2006
Act No. 69/2006
s. 200
Part 13—General
PART 13—GENERAL
200. Approved forms
(1) The Director may from time to time approve
forms for the purposes of this Act.
(2) The Director must publish a copy of each
approved form on the Internet site for the
Department.
201. Money to be paid to Victorian Property Fund
The following money must be paid into the
Victorian Property Fund under the Estate Agents
Act 1980—
(a) all fees payable to the Authority under this
Act;
(b) all penalties (including civil penalties)
payable under this Act.
202. Certain provisions of contracts void
A provision of a contract is void to the extent that
it purports to exclude, modify or restrict the
operation of this Act.
203. Who may bring proceedings for offences?
(1) Proceedings for an offence against this Act may
only be brought by—
(a) the Director; or
(b) a person authorised by the Director for the
purposes of this section.
(2) In proceedings for an offence against this Act it
must be presumed, in the absence of evidence to
the contrary, that the person bringing the
proceedings was authorised to bring the
proceedings.
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Part 13—General
204. Regulation-making powers
(1) The Governor in Council may make regulations
for or with respect to—
(a) regulating and requiring the taking out of
insurance by an owners corporation and lot
owners of an owners corporation including
but not limited to—
(i) prescribing terms to be contained in
insurance policies in relation to lots or
common property; and
(ii) requiring the noting of mortgagees'
interests on insurance policies taken out
by owners corporations; and
(iii) prescribing the manner of indexing the
sum insured for any particular class of
insurance; and
(iv) prescribing approved insurers;
(b) requiring documents or information required
to be kept under this Act to be lodged with
the Registrar of Titles;
(c) requiring records or registers to be kept and
prescribing the content and manner of
keeping records or registers under this Act or
the regulations;
(d) prescribing model rules for the purposes of
this Act;
(e) providing for any other matter that is
authorised or required to be prescribed or
necessary to be prescribed to carry out this
Act.
101
s. 204
Owners Corporations Act 2006
Act No. 69/2006
s. 205
Part 13—General
(2) The regulations may—
(a) differ according to differences in time, place
and circumstance; and
(b) leave any matter to be determined by the
Director or the Authority.
(3) The regulations may apply, adopt or incorporate
any document, code, standard, rule, specification
or method formulated, issued, prescribed or
published by any authority or body whether—
(a) wholly or partially or as amended by the
regulations; or
(b) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(c) as formulated, issued, prescribed or
published from time to time.
205. Transitional provisions
Schedule 2 has effect.
__________________
102
Owners Corporations Act 2006
Act No. 69/2006
Part 14—Amendment of Subdivision Act 1988
PART 14—AMENDMENT OF SUBDIVISION ACT 1988
206. Definitions
(1) In section 3(1) of the Subdivision Act 1988, the
definitions of "body corporate", "land affected by
a body corporate", "limited body corporate", "lot
entitlement", "lot liability" and "unlimited body
corporate" are repealed.
(2) In section 3(1) of the Subdivision Act 1988,
insert the following definitions—
' "land affected by an owners corporation"
means the lots the owners for the time being
of which are the members of the owners
corporation together with the common
property for which the owners corporation is
responsible;
"limited owners corporation" has the meaning
set out in section 27C;
"lot affected by an owners corporation" means
a lot the owner for the time being of which is
a member of the owners corporation;
"lot entitlement" in relation to a lot affected by
an owners corporation, means a number
specified in the plan as the lot entitlement for
that lot, expressing the extent of the lot
owner's interest in any common property
affected by the owners corporation;
"lot liability" in relation to a lot affected by an
owners corporation, means a number
specified in the plan as the lot liability for
that lot, expressing the proportion of the
administrative and general expenses of the
owners corporation that the lot owner is
obliged to pay;
103
s. 206
See:
Act No.
53/1988.
Reprint No. 5
as at
1 January
1999
and
amending
Act Nos
28/2000,
74/2000,
44/2001,
47/2004,
81/2004
and
35/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
Owners Corporations Act 2006
Act No. 69/2006
s. 207
Part 14—Amendment of Subdivision Act 1988
"owners corporation" means a body corporate
that is incorporated by registration of—
(a) a plan of subdivision; or
(b) a plan of strata subdivision; or
(c) a plan of cluster subdivision;
"unlimited owners corporation" has the
meaning set out in section 27B;'.
(3) In section 3(1) of the Subdivision Act 1988, in
the definition of "plan" for "section 24A, 32, 32B
or 37" substitute "section 24A, 32B or 37 or
Division 3 of Part 5".
207. Application of Act
In section 4(1) of the Subdivision Act 1988—
(a) in paragraph (c)(iv) for "section 32 or
36(2)(b)" substitute "Division 3 of Part 5 or
section 36(2)(b)";
(b) for paragraphs (e) and (f) substitute—
"(e) an owners corporation; and
(f) plans under sections 24A, 32B and 37
and Division 3 of Part 5; and".
208. Council role
(1) For section 6(1)(i) of the Subdivision Act 1988
substitute—
"(i) where the plan does anything requiring the
unanimous resolution of the members of the
owners corporation under Division 3 of
Part 5 or an order of the Victorian Civil and
Administrative Tribunal under section 34D,
the plan is accompanied by a copy of the
unanimous resolution or the order of the
Tribunal; and".
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Part 14—Amendment of Subdivision Act 1988
(2) In section 6(3) of the Subdivision Act 1988 for
"court order" substitute "Tribunal order".
209. Easements and other rights
For section 12(2)(a)(iii) of the Subdivision Act
1988 substitute—
"(iii) any land affected by an owners corporation;
and".
210. Registration of plan
(1) For section 22(1)(f) of the Subdivision Act 1988
substitute—
"(f) except for a plan referred to in section 23,
24A, 32A, 35, 36 or 37 or Division 3 of
Part 5 or that is in accordance with a court or
Tribunal order under this Act, none of the
land in the plan is land affected by an
existing owners corporation.".
(2) In section 24(2)(g) of the Subdivision Act 1988
for "section 23, 24A, 32, 32B, 35 or 37"
substitute "section 23, 24A, 32B, 35 or 37 or
Division 3 of Part 5".
211. New Part 5 substituted
For Part 5 of the Subdivision Act 1988
substitute—
'PART 5—SUBDIVISIONS WITH OWNERS
CORPORATIONS
Division 1—Creation of Owners Corporation
27. How is an owners corporation created?
(1) A plan may provide for the creation of one or
more owners corporations consisting of the
owners of specified lots.
105
s. 209
Owners Corporations Act 2006
Act No. 69/2006
s. 211
Part 14—Amendment of Subdivision Act 1988
(2) An owners corporation may be—
(a) an unlimited owners corporation; or
(b) a limited owners corporation.
(3) The plan must specify whether an owners
corporation is an unlimited owners
corporation or a limited owners corporation.
(4) The plan must specify the lots and common
property to be affected by the owners
corporation.
27A. If there is common property an owners
corporation must be created
A plan which contains common property
must provide for the creation of one or more
owners corporations.
27B. What is an unlimited owners corporation?
(1) An unlimited owners corporation is an
owners corporation that is not a limited
owners corporation.
(2) The plan must be accompanied by a
document specifying the purposes of the
unlimited owners corporation.
27C. What is a limited owners corporation?
(1) A limited owners corporation is an owners
corporation specified on a plan as a limited
owners corporation.
(2) The plan must be accompanied by a
document specifying the purposes of the
limited owners corporation.
(3) Only the members of a limited owners
corporation affecting a lot are entitled to use
any common property affected by that
limited owners corporation.
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(4) The plan may be accompanied by a
document specifying the functions or
obligations of the limited owners corporation
under the Owners Corporations Act 2006
that are to be carried out or complied with by
the unlimited owners corporation affecting
the land affected by the limited owners
corporation.
(5) If a document accompanying a plan specifies
functions or obligations as provided for in
sub-section (4), then, despite anything to the
contrary in the Owners Corporations Act
2006, on the registration of the plan—
(a) the unlimited owners corporation must
carry out those functions or comply
with those obligations instead of the
limited owners corporation; and
(b) the limited owners corporation is not
required to carry out those functions or
comply with those obligations.
Example
A document accompanying a plan may specify that
the unlimited owners corporation is to issue owners
corporation certificates instead of the limited owners
corporation.
27D. Restriction on creation of owners
corporations
(1) A lot must not be affected by more than one
unlimited owners corporation.
(2) A lot must not be affected by more than one
owners corporation unless—
(a) one of the owners corporations is an
unlimited owners corporation; and
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(b) all the other owners corporations
affecting the lot are limited owners
corporations.
27E. Creation of rules
(1) A plan providing for the creation of an
owners corporation or for the merger of
owners corporations may be accompanied by
proposed rules for the owners corporation.
(2) On the registration of the plan, the rules must
be taken to be rules made by the owners
corporation under the Owners Corporations
Act 2006 and may be revoked or amended
accordingly.
Note: Part 8 of the Owners Corporations Act 2006
provides for the powers to make rules of an
owners corporation.
27F. Plan must specify lot entitlement and lot
liability
(1) A plan providing for the creation of an
owners corporation or for the merger of
owners corporations must specify details of
lot entitlement and lot liability.
(2) A plan referred to in sub-section (1) must be
accompanied by a document—
(a) specifying the basis for the allocation of
lot entitlement and lot liability; and
(b) containing the prescribed information.
(3) The prescribed information that a document
must contain under sub-section (2) is not
limited to information about the owners
corporation or lot entitlement or lot liability.
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27G. Plan may specify limitations
A plan providing for the creation of an
owners corporation may specify that the
owners corporation is limited to the common
property.
Note: The Owners Corporations Act 2006 provides that
certain provisions of that Act do not apply to an
owners corporation that is specified to be limited to
the common property.
27H. Registrar to record information
The Registrar must, as prescribed, record
information contained in or provided with a
plan and must amend that information in the
prescribed manner and in the prescribed
circumstances.
28. Creation of owners corporation
(1) In addition to section 24, when a plan
providing for the creation of one or more
owners corporations or containing common
property is registered—
(a) each owners corporation for which the
plan provides is incorporated; and
(b) the owners of the specified lots become
the first members of the owners
corporation; and
(c) the owners for the time being of the lots
are the members of the owners
corporation.
(2) An owners corporation has perpetual
succession and a common seal and is capable
of suing and being sued in its own name.
Note: An owners corporation has the powers and
functions set out in Division 1 of Part 2 of the
Owners Corporations Act 2006.
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29. Owners corporation excluded from
Corporations legislation
An owners corporation is declared to be an
excluded matter for the purposes of
section 5F of the Corporations Act in relation
to the whole of the Corporations legislation,
otherwise than to the extent that the owners
corporation carries out activities that are not
authorised by or under this Act or the
Owners Corporations Act 2006.
Note: This section ensures that neither the Corporations Act
nor Part 3 of the ASIC Act will apply in relation to
an owners corporation in relation to its performance
of functions or exercise of powers under this Act or
the Owners Corporations Act 2006. Section 5F of
the Corporations Act provides that if a State law
declares a matter to be an excluded matter in relation
to the whole of the Corporations legislation other
than to a specified extent, then that legislation will
not apply, except to the specified extent, in relation to
that matter in the State concerned.
Division 2—Common Property
30. Vesting of common property
(1) In addition to section 24, when a plan
containing common property is registered—
(a) any common property affected by an
unlimited owners corporation vests in
the owners for the time being of the lots
affected by the unlimited owners
corporation as tenants in common in
shares proportional to their lot
entitlement; and
(b) subject to paragraph (c), any common
property affected by a limited owners
corporation vests in the owners for the
time being of the lots affected by the
relevant unlimited owners corporation
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as tenants in common in shares
proportional to their lot entitlement;
and
(c) any common property affected by a
limited owners corporation vests in the
owners for the time being of the lots
affected by the limited owners
corporation, if there is no unlimited
owners corporation affecting those lots.
(2) In sub-section (1), "relevant unlimited
owners corporation" means the unlimited
owners corporation affecting the lots affected
by the limited owners corporation.
31. Registrar must create folio of Register for
common property
(1) The Registrar must create folios of the
Register for any common property in the
name of the relevant owners corporation as
nominee for the owners of the common
property but must not produce a certificate of
title for those folios.
(2) The Registrar may require submission of and
cancel any existing certificate of title for
common property.
31A. Dealings in common property
(1) The share in the common property of a
member of an owners corporation cannot be
dealt with except—
(a) as part of a dealing with the member's
lot; or
(b) under Division 3 or section 32A; or
(c) by the owners corporation, in
accordance with the regulations.
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(2) A dealing, encumbrance or notification
affecting a lot operates as a dealing,
encumbrance or notification affecting the lot
owner's share in the common property, even
though that share is not mentioned in any
document giving effect to the dealing,
encumbrance or notification affecting the lot.
(3) The Registrar may only record on the folio
of the Register for common property
anything affecting the common property only
and not the lots.
(4) A recording made on the folio of the
Register for a lot operates in relation to the
owner's interest in the common property as if
it were also a recording made in relation to
that interest on the folio for the common
property.
Division 3—Alteration of a Subdivision
32. Powers to alter subdivision
If there is a unanimous resolution of the
members, an owners corporation may
proceed under this Division to do one or
more of the following—
(a) dispose of the fee simple in—
(i) all or part of any common
property vested in it; or
(ii) any other land purchased or
obtained by it;
(b) purchase or otherwise obtain land—
(i) for inclusion in or to become
common property; or
(ii) which is or is to become a lot;
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(c) alter the boundaries of any land
affected by the owners corporation;
(d) increase or reduce the number of lots
affected by the owners corporation;
(e) create new lots or new common
property;
(f) create and name an owners corporation
and specify the land to be land affected
by that new owners corporation and
specify lot entitlement and lot liability
in relation to that owners corporation;
(g) dissolve itself if—
(i) it is an owners corporation
without common property vested
in it and it owns no land; or
(ii) it disposes under this section of all
its common property and all the
land that it owns;
(h) merge with another owners corporation
(created on the same or another plan)
if—
(i) none of the land affected by the
first owners corporation is land
affected by the other owners
corporation and the merger would
not result in the same land being
land affected by 2 or more
unlimited owners corporations; or
(ii) one of the merging owners
corporations is an unlimited
owners corporation and the land
affected by that owners
corporation includes all the land
affected by all other merging
limited owners corporations;
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(i) create, vary or remove any easement or
restriction (including an implied
easement);
(j) consolidate into a single lot all the land
affected by the owners corporation if—
(i) it is an unlimited owners
corporation and, if any land
affected by it is also affected by a
limited owners corporation, the
members of that limited owners
corporation by unanimous
resolution consent to the
consolidation; or
(ii) none of the land affected by the
owners corporation is land
affected by another owners
corporation;
(k) create, alter or extinguish lot
entitlement or lot liability in any way
necessary because of the exercise of its
other powers under this section;
(l) amend or cancel a scheme of
development under the Cluster Titles
Act 1974 in any way necessary because
of the exercise of its other powers
under this section;
(m) create roads or reserves.
32AA. Powers do not apply to certain changes
relating to common property
Section 32 does not apply to a change in the
ownership of the common property that
occurs because of a change in the ownership
of a lot.
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32AB. No power to compulsorily acquire
An owners corporation cannot under
section 32(b) acquire land by compulsory
process.
32AC. Creation of roads and reserves
(1) The owners corporation may exercise its
powers over land under section 32(m) even
though the land is not, and will not after the
exercise of the power become, land affected
by the owners corporation.
(2) The owners corporation cannot exercise its
powers over land under section 32(m) so that
the land vests in itself.
32AD. Registration of plan
(1) If it proceeds under section 32, an owners
corporation must submit for certification and
lodge for registration a plan showing the
changes to be made to any registered plan.
(2) Section 22 applies to a plan resulting from
the exercise by the owners corporation of its
powers over land under section 32 as if it
included a requirement that the registered
proprietor of land in the plan that is not land
affected by the owners corporation must
consent to the registration of the plan.
(3) To the extent that a plan referred to in subsection (1) affects common property, consent
to the plan is not required by any person in
respect of any lot if the common property is
not vested in the owners of that lot.
(4) If a plan referred to in sub-section (1) relates
to some but not all of the land in the
registered plan and does not relate to
common property, consent to the registration
of the plan is not required by any person in
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respect of land that is not the subject of the
plan.
(5) Despite section 24, on the registration of a
plan under this section, the Registrar may if
appropriate—
(a) create a folio of the Register for the
existing common property and a folio
of the Register for newly created
common property in the name of a
relevant owners corporation; or
(b) create in the name of the relevant
owners corporation a single folio of the
Register for existing and newly created
common property.
32AE. Lot liability and lot entitlement
In exercising its powers under section 32 to
create, alter or extinguish lot entitlement or
lot liability, an owners corporation must
comply with sections 33(2) and 33(3).
32AF. Land to which powers may apply
(1) An owners corporation may only exercise its
powers under section 32 in relation to—
(a) land affected by it; or
(b) land (whether on the same or another
plan) which, when the power is
exercised, will become land affected by
it.
(2) If the exercise by an owners corporation of
its powers under section 32 involves land
affected by another owners corporation
(whether on the same or another plan) and
the other owners corporation is not a limited
owners corporation all of whose members
are members of the first owners corporation,
the first owners corporation must first get
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from the members of the other owners
corporation their consent by unanimous
resolution.
32AG. Dissolution of owners corporation
If an owners corporation exercises its power
under section 32(g) to dissolve itself—
(a) the Registrar must not amend or cancel
the plan to give effect to the exercise of
that power unless satisfied that the
owners corporation has no accrued or
accruing debts; and
(b) the owners corporation is dissolved
when the Registrar amends or cancels
the plan.
32AH. Merger of owners corporations
If an owners corporation merges with
another owners corporation—
(a) the plan giving effect to the merger
must specify the name (by reference to
a relevant plan number) of the new
owners corporation, the land affected
by it, and all relevant lot entitlements
and liabilities, and whether it is a
limited or unlimited owners
corporation; and
(b) on the registration of that plan—
(i) the merging owners corporations
are dissolved; and
(ii) land affected by those owners
corporations ceases to be so
affected; and
(iii) the new owners corporation is the
successor in law of the merging
owners corporations; and
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(iv) if a new limited owners
corporation succeeds an unlimited
owners corporation, the new
owners corporation has, in respect
of the assets, rights, liabilities and
obligations which have passed to
it from the unlimited owners
corporation, all the functions,
powers and duties of an unlimited
owners corporation.
32AI. Consolidation, subdivision or alteration
(1) The owner or owners of a lot or lots affected
by an owners corporation on a registered
plan may, without obtaining a resolution of
the owners corporation, proceed under this
sub-section to consolidate, subdivide or alter
the lot or lots owned, if the consolidation,
subdivision or alteration—
(a) does not alter the boundaries of
common property; and
(b) does not alter the boundaries or lot
entitlement or liability of lots not being
consolidated, subdivided or altered; and
(c) does not add an area of land that is
more than 10% or, if another
percentage is prescribed, that
prescribed percentage, of the area of the
land in the registered plan to the land
affected by the owners corporation.
(2) If an owner proceeds under sub-section (1),
the owner must submit for certification and
lodge for registration a plan showing the
changes to be made to the registered plan.
(3) Consent to the registration of the plan is not
required by any person in respect of land that
is not the subject of the plan.
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(4) Despite section 24, on the registration of a
plan under this section, the Registrar may, if
appropriate—
(a) create a folio of the Register for the
existing common property and a folio
of the Register for newly created
common property in the name of a
relevant owners corporation; or
(b) create in the name of the relevant
owners corporation a single folio of the
Register for existing and newly created
common property.
32AJ. Restriction on alteration to plan
If an owners corporation is created on a
registered plan, the owners corporation or the
owner of a lot on that plan must not submit
for certification or lodge for registration a
plan consolidating, subdividing, or altering
the boundaries of any land affected by the
owners corporation except—
(a) under this Division or section 23, 32A,
36 or 37; or
(b) in accordance with an order of a court
or tribunal under this Act.
32AK. Identity of owners corporation not
affected by alteration of plan
(1) Unless this Part otherwise provides, the
alteration of a registered plan under this
Division does not affect the legal identity or
continuity of operation of the owners
corporation.
(2) If the alteration of a registered plan for
which there is only one owners corporation
(the first owners corporation) results in the
creation of one or more additional owners
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corporations, the Registrar may rename the
first owners corporation.
(3) An owners corporation that is renamed under
sub-section (2) is deemed to be the same
body under the new name and any reference
to that body by the old name in any Act or
instrument is deemed to be a reference to
that body by its new name.
32AL. Registration of plan of consolidation
(1) On the registration of a plan of consolidation
of all the land affected by an owners
corporation into a single lot—
(a) that owners corporation is dissolved;
and
(b) if the land is also land affected by
another owners corporation, that other
owners corporation is dissolved; and
(c) the land vests in the former lot owners
who are members of the owners
corporation exercising the power, as
tenants in common in proportion to
their lot entitlements in that owners
corporation, freed from any caveat,
mortgage, charge, lease, sub-lease and
from any easement under section 12;
and
(d) the Registrar must create a folio of the
Register accordingly.
(2) The Registrar must not register a plan
referred to in sub-section (1) unless satisfied
that the owners corporation on the registered
plan has no accrued or accruing debts.
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Division 4—General Provisions Relating to
Plans
32A. Total consolidation or re-subdivision
(1) The owners of all the land in a plan that
includes land affected by one or more
owners corporations may submit for
certification and lodge for registration a plan
consolidating or re-subdividing all that land.
(2) The Registrar must not register the plan
unless satisfied that each owners corporation
on the existing plan has no accrued or
accruing debts.
(3) On the registration of the plan—
(a) each owners corporation on the
previous registered plan is dissolved;
and
(b) the land affected by each owners
corporation on the previous registered
plan vests in the former lot owners who
were members of that owners
corporation as tenants in common in
proportion to their lot entitlements in
that owners corporation, freed from any
caveat, mortgage, charge, lease, sublease and from any easement under
section 12.
32B. New plan may create owners corporation
(1) The owners of lots on one or more plans that
are not lots affected by an owners
corporation may submit for certification and
lodge for registration a plan providing for the
creation of one or more limited or unlimited
owners corporations and amending any
registered plan in any way necessary because
of that creation.
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(2) The plan must not provide for the creation of
common property or the alteration of
existing boundaries.
(3) Consent to the registration of the plan is not
required by any other person in respect of
any land that is not the subject of the plan.
33. How can lot entitlement and liability be
altered?
(1) If there is a unanimous resolution of the
members, the owners corporation may apply
to the Registrar in the prescribed form to
alter the lot entitlement or lot liability.
(2) In making any change to the lot entitlement,
the owners corporation must have regard to
the value of the lot and the proportion that
value bears to the total value of the lots
affected by the owners corporation.
(3) In making any change to the lot liability, the
owners corporation must consider the
amount that it would be just and equitable
for the owner of the lot to contribute towards
the administrative and general expenses of
the owners corporation.
34. Recording of changes to a plan
(1) The Registrar must record all changes and
alterations.
(2) An owners corporation must inform the
Registrar of any change of its address.
(3) A notice to an owners corporation may be
served by post and is properly addressed if
the address in the notice is the one shown in
the records of the Registrar.
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Division 5—Disputes and Other Proceedings
Relating to Owners Corporations
34A. Disputes relating to owners
corporations—general
(1) This section applies if a dispute or any other
matter arises under this Act or the
regulations and affects—
(a) an owners corporation; or
(b) an owner of land affected by an owners
corporation; or
(c) a purchaser in possession under a terms
contract of a lot affected by an owners
corporation.
(2) The owners corporation, owner of a lot or
purchaser may apply to the Victorian Civil
and Administrative Tribunal for an order
determining the dispute or matter.
(3) The Victorian Civil and Administrative
Tribunal may make any order it thinks fit on
an application under this section.
34B. Disputes about easements
(1) This section applies if a dispute or other
matter arises between the owners of lots,
roads or reserves on a plan, in relation to—
(a) an easement implied by section 12; or
(b) the exercise of rights conferred by the
easement; or
(c) interference with the easement; or
(d) maintenance or repair obligations in
relation to the easement.
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(2) Any of the owners may apply to the
Victorian Civil and Administrative Tribunal
for an order determining the dispute or
matter.
(3) The Victorian Civil and Administrative
Tribunal may make any order it thinks fit on
an application under this section.
34C. VCAT may refer matter to County Court
The Victorian Civil and Administrative
Tribunal may refer a dispute or other matter
to which section 34A or 34B applies to the
County Court, on its own motion or on the
application of a party if the Tribunal is
satisfied that it ought to be so referred having
regard to—
(a) the fact that the dispute or other matter
raises a question of general importance;
and
(b) this Act and the regulations; and
(c) the complexity of the matter; and
(d) the amount (if any) in dispute.
34D. Applications relating to plans
(1) A member of the owners corporation, an
owners corporation, an administrator of an
owners corporation or a person with an
interest in the land affected by the owners
corporation may apply to the Victorian Civil
and Administrative Tribunal for—
(a) an order requiring the owners
corporation to do any of the things set
out in section 32 or 33; or
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(b) an order consenting on behalf of a
member or group of members of an
owners corporation to the doing by the
owners corporation of any of the things
set out in section 32 or 33; or
(c) an order consenting on behalf of a
person whose consent to the
registration of a plan is required under
section 22; or
(d) an order restraining the owners
corporation from doing any action
under this Act or the regulations.
(2) The Victorian Civil and Administrative
Tribunal may make an order on an
application under sub-section (1)(a) even
though there is no unanimous resolution of
the owners corporation authorising the
action.
(3) The Victorian Civil and Administrative
Tribunal must not make an order on an
application under sub-section (1)(b) unless it
is satisfied that—
(a) the member or group of members
cannot vote because the member is or
the members are dead, out of Victoria,
or cannot be found; or
(b) for any other reason it is impracticable
to obtain the vote of the member or
members; or
(c) the member has or members have
refused consent to the proposed action
and—
(i) more than half of the membership
of the owners corporation having
total lot entitlements of more than
half of the total lot entitlement of
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the members of the owners
corporation consent to the
proposed action; and
(ii) the purpose for which the action is
to be taken is likely to bring
economic or social benefits to the
subdivision as a whole greater
than any economic or social
disadvantages to the members
who did not consent to the action.
(4) For the purposes of sections 32 and 33, an
order made on an application under subsection (1)(b) is to be treated as a vote by the
member in favour of the proposed action of
the plan.
(5) The Victorian Civil and Administrative
Tribunal must not make an order on an
application under sub-section (1)(c) unless it
is satisfied that—
(a) the person whose consent is required is
dead or out of Victoria or cannot be
found; or
(b) it is otherwise impracticable to obtain
the person's consent; or
(c) it is impracticable to serve the person
with the notice under section 22(1B).
(6) Subject to this section, the Victorian Civil
and Administrative Tribunal may make any
order it thinks fit on an application under this
section.
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34E. Application for order requiring owners
corporation to comply
(1) A person (including a Minister, the Council
or a public authority) for whose benefit a
requirement or duty is imposed on an owners
corporation by this Act or the regulations
may apply to the Victorian Civil and
Administrative Tribunal for an order
compelling the owners corporation to carry
out the requirement or perform the duty.
(2) The Victorian Civil and Administrative
Tribunal may make any order it thinks fit on
an application under this section.
34F. Order to Registrar
The Victorian Civil and Administrative
Tribunal may in an order under this Division
direct or authorise the Registrar to dispense
with the delivery of any certificate of title or
duplicate instrument or other document.
Division 6—Winding up of Owners
Corporation
34G. Winding up of an owners corporation
(1) An owners corporation, a member of the
owners corporation, an administrator of an
owners corporation or a registered mortgagee
may apply to the Victorian Civil and
Administrative Tribunal for the winding up
of the owners corporation.
(2) The Victorian Civil and Administrative
Tribunal may order the owners corporation
to be wound up if it decides that is just and
equitable.
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(3) A person claiming an estate or interest in the
land, a creditor of the owners corporation
and an insurer who has insurance over any
part of the land have a right to be heard in an
application.
(4) Notice of an application must be served on
the Registrar who must record the notice in
the prescribed manner.
(5) The Victorian Civil and Administrative
Tribunal may make any directions or impose
any conditions or vary, modify or cancel the
order as it thinks fit.
34H. Cancellation or amendment of plan on
winding up
(1) If the Victorian Civil and Administrative
Tribunal makes an order under section 34G
in respect of an unlimited owners
corporation, the applicant for the order may
apply to the Registrar for the amendment or
cancellation of the plan and the Registrar
may amend or cancel the plan in accordance
with the order.
(2) If the Victorian Civil and Administrative
Tribunal makes an order under section 34G
in respect of a limited owners corporation,
the applicant for the order may apply to the
Registrar for the amendment of the plan and
the Registrar may amend the plan in
accordance with the order.
(3) An unlimited owners corporation is
dissolved when the Registrar amends or
cancels the plan under sub-section (1) and,
subject to the order of the Victorian Civil
and Administrative Tribunal, the lots and
common property (if any) become a single
lot and vest in the former lot owners as
128
Owners Corporations Act 2006
Act No. 69/2006
Part 14—Amendment of Subdivision Act 1988
tenants in common, in proportion to their lot
entitlements and the Registrar must create a
folio of the Register accordingly.
(4) A limited owners corporation is dissolved
when the Registrar amends the plan under
sub-section (2).
(5) After amending or cancelling the plan, the
Registrar must notify the Council.'.
212. References to body corporate
In the Subdivision Act 1988—
(a) in section 35(2)—
(i) for "a body corporate" substitute
"an owners corporation";
(ii) for "the body corporate" substitute
"the owners corporation";
(b) in section 35(6)(h) for "a body corporate"
(wherever occurring) substitute "an owners
corporation";
(c) in section 37(3)(c)(ii) for "a body corporate"
substitute "an owners corporation";
(d) in section 37(3)(c)(iv)(A) for "body
corporate" substitute "owners corporation";
(e) in section 37(4) for "a body corporate"
substitute "an owners corporation";
(f) in section 37(5)—
(i) for "a body corporate" substitute
"an owners corporation";
(ii) for "the body corporate" substitute
"the owners corporation";
(g) in section 37(8)(c) for "body corporate"
substitute "owners corporation";
129
s. 212
Owners Corporations Act 2006
Act No. 69/2006
s. 213
Part 14—Amendment of Subdivision Act 1988
(h) in sections 44(5A) and 44(5C) for "a body
corporate" substitute "an owners
corporation".
213. Repeal of section 38
Section 38 of the Subdivision Act 1988 is
repealed.
214. Other disputes arising under Subdivision Act 1988
(1) Insert the following heading to section 39 of the
Subdivision Act 1988—
"General disputes arising under this Act".
(2) In section 39(2)(a) of the Subdivision Act 1988
for "section 38" substitute "Division 5 of Part 5".
215. Regulations
In section 43 of the Subdivision Act 1988—
(a) sub-section (1)(h) is repealed;
(b) sub-section (1)(i) is repealed;
(c) sub-section (1)(ia) is repealed.
216. New sections 47 and 48 inserted
After section 46 of the Subdivision Act 1988
insert—
"47. Transitional—Owners Corporations Act
2006
(1) This section does not limit or take away from
the Interpretation of Legislation Act 1984.
(2) A provision or provisions of this Act (as in
force before the commencement of
section 211 of the Owners Corporations
Act 2006) specified in Column 1 of the
Table are deemed to be re-enacted (with
modifications) by the provision or provisions
of this Act (as amended by the Owners
130
Owners Corporations Act 2006
Act No. 69/2006
Part 14—Amendment of Subdivision Act 1988
Corporations Act 2006) appearing opposite
in Column 2 of the Table.
Old Provision
New Provision
Sections 27 to 28A
Divisions 1 and 2 of
Part 5
Section 31
Division 6 of Part 5
Section 32
Division 3 of Part 5
Sections 32A to 34
Division 4 of Part 5
48. Continuation of proceedings
Despite the repeal of section 38 by the
Owners Corporations Act 2006, any
proceedings commenced under that section
but not finally determined before that repeal
may be continued and completed as if that
section had not been repealed.".
__________________
131
s. 216
Owners Corporations Act 2006
Act No. 69/2006
s. 217
See:
Act No.
6975.
Reprint
No. 12
as at
1 February
2004
and
amending
Act Nos
92/1990,
103/2004,
10/2005 and
18/2005.
LawToday:
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dpc.vic.
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Part 15—Amendment of Sale of Land Act 1962
PART 15—AMENDMENT OF SALE OF LAND ACT 1962
217. New section 9AAA substituted
For section 9AAA of the Sale of Land Act 1962
substitute—
"9AAA. Insurance
If an owners corporation for a plan of
subdivision will be required by the Owners
Corporations Act 2006 to effect insurance
after the plan is registered, the vendor must
effect insurance in accordance with that Act
as if the vendor were the owners corporation,
until—
(a) if the owners corporation meets within
6 months after the plan is registered, the
end of one month after its first meeting;
and
(b) in any other case, the end of 6 months
after the plan is registered.".
218. New section 11 substituted
For section 11 of the Sale of Land Act 1962
substitute—
"11. Owners corporation must have insurance
policy
(1) A person cannot sell a lot affected by an
owners corporation unless the vendor or the
owners corporation has a current insurance
policy in accordance with the Owners
Corporations Act 2006 for any insurance
required by that Act to be effected by the
owners corporation.
(2) If a lot is sold in contravention of sub-section
(1) the purchaser may avoid the sale at any
time before the contract is completed.".
132
Owners Corporations Act 2006
Act No. 69/2006
Part 15—Amendment of Sale of Land Act 1962
219. Section 32 certificate
(1) Section 32(2)(h) of the Sale of Land Act 1962 is
repealed.
(2) After section 32(3) of the Sale of Land Act 1962
insert—
"(3A) If the land is affected by an owners
corporation within the meaning of the
Owners Corporations Act 2006, the vendor
must attach to the statement required by subsection (1)(a) and to the contract—
(a) a copy of the current owners
corporation certificate issued in respect
of the land under the Owners
Corporations Act 2006; and
(b) a copy of the documents required to
accompany the owners corporation
certificate under section 151(4)(b) of
the Owners Corporations Act 2006.".
__________________
133
s. 219
Owners Corporations Act 2006
Act No. 69/2006
s. 220
Part 16—Amendment of Other Acts
PART 16—AMENDMENT OF OTHER ACTS
See:
Act No.
49/1998.
Reprint No. 1
as at
15 April 2004
and
amending
Act Nos
92/2004,
108/2004 and
18/2005.
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220. Amendment of Business Licensing Authority
Act 1998
See:
Act No.
91/1995.
Reprint No. 6
as at
1 February
2006
and
amending
Act No.
32/2006.
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221. Amendment of Domestic Building Contracts
Act 1995
In section 3 of the Business Licensing Authority
Act 1998, in the definition of "business licensing
Act", after paragraph (d) insert—
"(da) the Owners Corporations Act 2006; or".
In section 54(1) of the Domestic Building
Contracts Act 1995—
(a) in paragraph (c) for "building work."
substitute "building work; or";
(b) after paragraph (c) insert—
"(d) between a lot owner or an owners
corporation and an initial owner (within
the meaning of section 68 of the
Owners Corporations Act 2006) of
land in a plan of subdivision in relation
to an obligation imposed on the initial
owner under section 68(2) of the
Owners Corporations Act 2006.".
134
Owners Corporations Act 2006
Act No. 69/2006
Part 16—Amendment of Other Acts
222. Amendment of Limitation of Actions Act 1958
After section 7B of the Limitation of Actions Act
1958 insert—
"7C. Adverse possession of common property
(1) Despite any rule of law or provision made by
or under this or any other Act but without
limiting section 7, the right, title and interest
of an owners corporation, or an owner of a
lot affected by the owners corporation, in
land which is common property affected by
the owners corporation is not affected by
reason only of any possession of that land
adverse to the owners corporation or the lot
owner by another owner of a lot affected by
the owners corporation, irrespective of the
period of that possession.
s. 222
See:
Act No.
6295.
Reprint No. 8
as at
30 June 2003
and
amending
Act Nos
8/2004,
76/2004 and
75/2005.
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(2) Words and expressions used in this section
have the same meanings as they have in the
Owners Corporations Act 2006.".
223. Amendment of Victorian Civil and Administrative
Tribunal Act 1998
In Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, before
Part 16 insert—
"PART 15AB—OWNERS CORPORATIONS
ACT 2006
51AD. Any member of Tribunal may make a
declaration
Despite anything to the contrary in section 124, a
declaration may be made in a proceeding under the
Owners Corporations Act 2006 by the Tribunal
constituted by any member.".
135
See:
Act No.
53/1998.
Reprint No. 4
as at
1 March 2006
and
amending
Act Nos
18/2003,
16/2005,
49/2005,
57/2005,
61/2005,
97/2005,
14/2006,
16/2006,
22/2006,
23/2006 and
24/2006.
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Owners Corporations Act 2006
Act No. 69/2006
s. 224
Part 16—Amendment of Other Acts
224. Amendment of Other Acts
On the coming into operation of an item in
Schedule 3, the Act referred to in the heading to
that item is amended as set out in that item.
__________________
136
Owners Corporations Act 2006
Act No. 69/2006
Sch. 1
SCHEDULES
SCHEDULE 1
Section 138(1)
POWER TO MAKE RULES OF OWNERS CORPORATION
1. Health, safety and security
1.1 Health, safety and security of lot owners, occupiers of lots
and invitees.
1.2 Safety of children, including their exclusion from areas that
may be unsafe for them or restricting activities that may be
unsafe.
1.3 Storage of flammable liquids and other dangerous
substances and materials.
1.4 Waste disposal.
2. Committees and sub-committees
2.1 Functions, powers and reporting of committees and subcommittees.
2.2 Functions of the chairperson and secretary.
2.3 Financial controls for committees, sub-committees and
delegates.
3. Management and administration
3.1 Management and administration of common property and
services.
3.2 Functions of manager.
3.3 Repair and maintenance of common property and services.
3.4 Metering of services and apportioning of costs of services.
4. Use of common property
4.1 Use of common property.
4.2 Use of equipment, services and amenities on common
property.
4.3 Vehicles and parking on common property.
137
Owners Corporations Act 2006
Act No. 69/2006
Sch. 1
4.4 Drying of laundry on common property or external or
visible areas of lots.
4.5 Damage to common property (but not preventing the
installation of insect screens or safety lock devices).
4.6 Deposit of rubbish and other material on common property.
5. Lots
5.1 Change of use of lots.
5.2 External appearance of lots.
5.3 Requiring notice to the owners corporation of renovations to
lots.
5.4 Times within which work on lots can be carried out.
6. Design
Design, construction and landscaping.
7. Behaviour of persons
7.1 Behaviour of owners, occupiers and invitees on common
property.
7.2 Noise and other nuisance control.
8. Dispute resolution
Dispute resolution, including internal grievance procedures,
hearing procedures and communication procedures.
9. Notices and documents
9.1 Notices, noticeboards and advertising.
9.2 Fees for provision of copies of rules, records and owners
corporation register.
9.3 Notices about fees and charges.
10. Common seal
The use of the common seal of the owners corporation.
__________________
138
Owners Corporations Act 2006
Act No. 69/2006
Sch. 2
SCHEDULE 2
Section 205
TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule—
"commencement day" means the day on which section 211
of the new Act comes into operation;
"Subdivision Act" means Subdivision Act 1988;
"subdivision body corporate" has the same meaning as
body corporate has in the Subdivision Act as in force
immediately before the commencement day;
"Subdivision Regulations" means the Subdivision (Body
Corporate) Regulations 2001;
"new Act" means Owners Corporations Act 2006.
2. General transitional provisions
(1) This Schedule does not affect or take away from the
Interpretation of Legislation Act 1984.
(2) This Schedule applies despite anything to the contrary in
any other provision of the new Act.
3. Subdivision bodies corporate deemed to be owners
corporations
On and from the commencement day, a subdivision body
corporate is deemed to be an owners corporation within the
meaning of the Subdivision Act as amended by the new Act
and to be the same body despite that change.
4. References to subdivision bodies corporate
On and from the commencement day unless the context
otherwise requires, in any Act (other than the new Act), or
in any instrument made under any Act or in any other
document of any kind, a reference to a subdivision body
corporate (however described) must be read as a reference to
an owners corporation.
139
Owners Corporations Act 2006
Act No. 69/2006
Sch. 2
5. Rules of body corporate
Any rules of a subdivision body corporate in force
immediately before the commencement day, continue in
force on and after that commencement and are deemed to be
rules of the owners corporation under the new Act to the
extent that they are not inconsistent with the new Act or the
regulations under the new Act.
6. Body corporate certificate
A body corporate certificate issued under the Subdivision
Regulations and existing immediately before the
commencement day is deemed to be an owners corporation
certificate under the new Act.
7. Committees
A committee or sub-committee of a body corporate under
the Subdivision Regulations and existing immediately
before the commencement day is deemed on that
commencement to be a committee or sub-committee
established by the relevant owners corporation under the
new Act.
8. Resolutions
(1) A resolution of a body corporate in force immediately
before the commencement day continues in force (until
amended or revoked) to the extent that it is not inconsistent
with the new Act or the regulations under the new Act or the
Subdivision Act as amended by the new Act.
(2) A postal ballot commenced under the Subdivision
Regulations but not completed before the commencement
day may be completed on or after the commencement day
despite anything to the contrary in this Act and any
resolution resulting from that postal ballot takes effect as a
resolution of the owners corporation to the extent that it is
not inconsistent with the new Act or the regulations under
the new Act or the Subdivision Act as amended by the new
Act.
(3) Any delegation made by a subdivision body corporate and
existing immediately before the commencement day
continues in force as a delegation under the new Act until—
(a) if it is inconsistent with the new Act, the first annual
general meeting of the owners corporation after the
commencement day; and
140
Owners Corporations Act 2006
Act No. 69/2006
Sch. 2
(b) in any other case, it is revoked by the owners
corporation under the new Act.
9. Managers
(1) Despite section 178, a person who was a manager of a
subdivision body corporate for fee or reward immediately
before the commencement day may continue to act as the
manager of an owners corporation for the period of
3 months after the commencement day without being
registered under Part 12.
(2) Despite section 178, a person who was a manager of a
subdivision body corporate for fee or reward immediately
before the commencement day and who applies to the
Business Licensing Authority, before the end of the period
of 3 months after the commencement day, for registration
under Part 12 may, without being registered under Part 12,
continue to act as the manager of an owners corporation
until the application is finally determined.
10. Administrators
Any administrator of a subdivision body corporate
appointed by the Supreme Court or the County Court under
section 38 of the Subdivision Act before its repeal by the
new Act continues as administrator of the owners
corporation and for that purpose section 38 continues to
apply despite its repeal.
11. Transitional regulations
(1) The regulations may contain provisions of a savings and
transitional nature consequent on the enactment of this Act.
(2) Regulations under this clause may have retrospective effect
to a day on or after the day on which this Act receives Royal
Assent.
(3) Regulations under this clause have effect despite anything to
the contrary in any Act (other than this Act) or in any
subordinate instrument.
__________________
141
Owners Corporations Act 2006
Act No. 69/2006
Sch. 3
SCHEDULE 3
Section 224
CONSEQUENTIAL AMENDMENTS
1. Accident Compensation Act 1985
In section 157(a) for "bodies corporate constituted under the
Subdivision Act 1988" substitute "owners corporations
within the meaning of the Owners Corporations Act
2006".
2. Credit Act 1984
In section 5(1) in the definition of "body corporate" for
"a body corporate within the meaning of the Subdivision
Act 1988" substitute "an owners corporation within the
meaning of the Owners Corporations Act 2006".
3. Docklands Act 1991
In section 25(4) for "bodies corporate created on plans of
subdivision" substitute "owners corporations within the
meaning of the Owners Corporations Act 2006".
4. Equal Opportunity Act 1995
In sections 47(3)(c) and 58(1)(c) for "body corporate"
substitute "owners corporation".
5. Estate Agents Act 1980
5.1 In section 4(1)—
(a) the definition of "subdivision body corporate" is
repealed;
(b) insert the following definition—
' "owners corporation" has the same meaning as it
has in the Owners Corporations Act 2006;'.
5.2 In section 75(1)(ea) for "Subdivision Act 1988" substitute
"Owners Corporations Act 2006".
5.3 In section 75(1)(f) after "this Act" insert "or the Owners
Corporations Act 2006".
5.4 For section 76(3)(a)(iv) substitute—
"(iv) owners corporations;".
142
Owners Corporations Act 2006
Act No. 69/2006
Sch. 3
5.5 For section 76(3)(d)(iv) substitute—
"(iv) an owners corporation or a member of an owners
corporation or an occupier of a lot arising in relation
to the operation of an owners corporation;".
5.6 In section 76(3)(d)(v) for "subdivision body corporate"
substitute "owners corporation".
5.7 For section 76(3)(e)(iii) substitute—
"(iii) owners corporations;".
5.8 In section 76(4) for "Subdivision Act 1988" substitute
"Owners Corporations Act 2006".
6. Fair Trading Act 1999
6.1 In section 3, in the definition of "Consumer Act",
paragraph (b) is repealed.
6.2 In Schedule 1, after "Motor Car Traders Act 1986" insert
"Owners Corporations Act 2006".
7. Retirement Villages Act 1986
7.1 In section 3—
(a) in the definition of "annual meeting"—
(i) for "no body corporate" substitute "no owners
corporation";
(ii) for "a body corporate" substitute "an owners
corporation";
(iii) for "the body corporate" substitute "the owners
corporation";
(b) the definition of "body corporate" is repealed;
(c) in the definition of "committee"—
(i) for "a body corporate, the body corporate"
substitute "an owners corporation, the owners
corporation";
(ii) for "such body" substitute "owners
corporation".
(d) insert the following definition—
' "owners corporation" has the same meaning as in
the Owners Corporations Act 2006;';
143
Owners Corporations Act 2006
Act No. 69/2006
Sch. 3
(e) in the definition of "prescribed period"—
(i) for "no body corporate" substitute "no owners
corporation";
(ii) for "a body corporate" substitute "an owners
corporation".
7.2 In section 34(5) for "Subdivision Act 1988" substitute
"Owners Corporations Act 2006".
7.3 In section 36—
(a) in sub-section (1) for "body corporate" substitute
"owners corporation";
(b) in sub-section (8) for "a body corporate the body
corporate" substitute "an owners corporation, the
owners corporation".
7.4 In section 37(1) for "Subdivision Act 1988" substitute
"Owners Corporations Act 2006".
8. Southgate Project Act 1994
8.1 In section 11(5)(b) for "body corporate" substitute "owners
corporation".
8.2 For section 19(1)(b)(v) substitute—
"(v) if the land is affected by an owners corporation, that
owners corporation; and".
9. Tobacco Act 1987
In section 3, in paragraph (b) of the definition of "retail
shopping centre" for "a body corporate" substitute
"an owners corporation".
10. Transfer of Land Act 1958
10.1 In section 4(1) in the definition of "service company" for
"a body corporate within the meaning of the Subdivision
Act 1988" substitute "an owners corporation within the
meaning of the Owners Corporations Act 2006".
10.2 In section 98CD—
(a) in sub-section (1)(f) for "body corporate" substitute
"owners corporation";
(b) in sub-section (2)(a) for "body corporate" substitute
"owners corporation".
144
Owners Corporations Act 2006
Act No. 69/2006
Sch. 3
11. Victorian Civil and Administrative Tribunal Act 1998
11.1 In section 52(4) for paragraph (g) of the definition of
"planning enactment" substitute—
"(g) Subdivision Act 1988 (except Division 5 of Part 5
and section 39);".
11.2 In clause 2 of Schedule 1 for paragraph (g) of the definition
of "planning enactment" substitute—
' "(g) Subdivision Act 1988 (except Division 5 of Part 5
and sections 36 and 39);'.
12. Water Act 1989
12.1 Insert the following heading to section 170—
"Liability of owners corporation for water supplied to
subdivision".
12.2 In section 170—
(a) for "A body corporate" (wherever occurring)
substitute "An owners corporation";
(b) for "the body corporate" (wherever occurring)
substitute "the owners corporation";
(c) for "a body corporate" (wherever occurring)
substitute "an owners corporation";
(d) in sub-section (1F)—
(i) for "body corporate" (wherever occurring)
substitute "owners corporation";
(ii) for "bodies corporate" substitute "owners
corporations".
13. Water Industry Act 1994
13.1 Insert the following heading to section 24—
"Liability of owners corporation".
13.2 In section 24—
(a) for "A body corporate" (wherever occurring)
substitute "An owners corporation";
(b) for "the body corporate" (wherever occurring)
substitute "the owners corporation";
(c) for "a body corporate" (wherever occurring)
substitute "an owners corporation";
145
Owners Corporations Act 2006
Act No. 69/2006
Sch. 3
(d) in sub-section (7)—
(i) for "body corporate" (wherever occurring)
substitute "owners corporation";
(ii) for "bodies corporate" substitute "owners
corporations".
═══════════════
146
Owners Corporations Act 2006
Act No. 69/2006
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 20 July 2006
Legislative Council: 12 September 2006
The long title for the Bill for this Act was "to provide for the
management, powers and functions of owners corporations and for
appropriate mechanisms for the resolution of disputes relating to owners
corporations, to amend the Subdivision Act 1988 in relation to the
creation of owners corporations, to amend other Acts and for other
purposes."
By Authority. Government Printer for the State of Victoria.
147
Owners Corporations Act 2006
Act No. 69/2006
INDEX
Subject
Section
Accounts
Act
amendments to other Acts
amendments to Sale of Land Act 1958
amendments to Subdivision Act 1988
commencement
copies provided at first meeting
purposes
transitional provisions
Administrators
Annual financial statements See Financial statements
Annual general meetings See Meetings
Audits
Ballots
See also Committees; Polls; Proxies; Resolutions
Bank accounts
Borrowing
Breaches
actions owners corporation may take
applications to, orders made by VCAT
33–35, 67, 71–72
complaints
failure to rectify, final notices
no action taken
notice to rectify
reports to annual general meeting regarding
Budgets
Buildings (def.)
Business Licensing Authority
definition
disclosure of information to Director
Licensing Registrar
notice of revocation of appointment of manager
payments into Victorian Property Fund
registration of managers
Certificates See Owners corporation certificates
Chairpersons
arranging of ballots
carrying out of functions of secretary
casting votes
convening, chairing of meetings by
delegation
election
of committees
VCAT orders regarding
148
220–224, Sch. 3
217–219
206–216
2
67
1
205, Sch. 2
151, 173–177
35
83–86, 144
3, 27
25
153
153, 157, 159, 162,
164–166
152
156–158
153, 154, 156, 157
155–158
159
71–72
3, 54
3
198
3, 192, 196–197
169
201
180–191
83
99
93
70, 74, 79
11
98
98, 105, 108, 112
165
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
Committees
acting chairperson
ballots held by
casual vacancies
chairperson
delegations to, by
duties
election
functions, powers
immunity of members of
managers to report to
meetings of
membership
reports
resolutions of
secretary
sub-committees
suspension of members
VCAT orders regarding
voting
Common property
definition
leasing, licensing
lot owners' duties
maintenance, repairs
must not be mortgaged, charged
occupiers' duties
owners corporations limited to
significant alterations, upgrading works
See also Insurance
Common seal
Complaints
made to Director
made to owners corporations
Conciliation
Contracts
copies provided at first meeting
information in records, registers, certificates
VCAT orders regarding
void provisions
Contributions See Fees, contributions and levies
Corporations
as lot owners
as managers
Damages
Definitions
149
106
111, 112
104
98, 105, 108, 112
11, 102
117
71, 100
101
118
120
108–109, 112, 114
103–104, 110
71, 115
108, 111–114
99, 107–109, 114
110, 115–118
103
165
112, 114
3
14
130
46, 49
17
137
8
52–53
19–22, 67
160–161
152–159
161
67
144, 148, 151
165
202
21
179, 180, 183, 186,
194
165
3, 37, 47, 51, 53,
54, 68, 161
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
Delegations
by committees
by managers
by owners corporations
dealt with at annual general meetings
VCAT orders regarding
Director
definition
disclosure of information to Authority
powers, functions, duties regarding
auditors, audit requirements
disputes
forms
proceedings for offences
Disputes
applications to, orders made by VCAT
complaints to, actions by Director
complaints to, actions by owners corporations
information on resolution process in fees notices
Emergencies
Exemptions
Fees, contributions and levies
annual fees
dealt with at annual general meetings
extraordinary fees
information in owners corporation certificates
interest
levied for upgrading works for common property
levied to pay for payments ordered by VCAT
lot owner's liability for
notices, final notices
overdue amounts, recovery of money owed
paid into bank account of owners corporation
paid into maintenance fund
Financial statements
Forms
Insurance
copies of policies provided at first meeting
definition of building
exemptions from requirement to hold
information in records, registers, certificates
professional indemnity insurance of managers
regulations
taken out by lot owners
taken out by owners corporation
additional insurance
breaches of conditions of contracts
dealt with at annual general meetings
fees for
insurable interests of owners corporations
lots in multi-level developments
150
102
124
11, 87, 120, 121
71
165
3
198
35
160–161, 163
200
203
162–169
160–161
152–159
31
51
7–8, 35, 170–171
23
71
24
151
29, 31–32
53
168
28
31–32
28–32, 94, 103
27
42
34, 71–72, 144
200
67
3, 54
170–171
144, 148, 151
119, 126, 180, 193,
194
204
55, 57, 63
62
59
71
23
56
61
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
mortgaged lots, mortgagees' interests noted
not required
payments into maintenance fund
public liability insurance
reinstatement and replacement insurance
valuation of buildings, valuer's reports
VCAT orders regarding
Interest
Investments
Land (def.)
Land affected by an owners corporation
definition
initial owner's duties
Leases and licences
common property
copies provided at first meeting
information in records, registers, certificates
lessees, licensees bound by rules
over land
personal property
Legal proceedings
Levies See Fees, contributions and levies
Licences See Leases and licences
Licensing Registrar
See Business Licensing Authority
Lot entitlements
Lot liability
Lot owners
definition
delegations to
details in records, owners corporation registers
duties, rights regarding
appointment of manager
ballots
care of common property
committees
compliance with laws
decoration of interior walls, floors, ceilings
inspection of records
insurance
mailing address if absent
maintenance, repair, care of lots, services
meetings
name and address of new owners
notice of certain permits, certification
overhanging eaves, guttering
polls
rules
in arrears
liability for fees, contributions, charges
payment for services provided to
151
58, 59
63–64
42
60, 61
59, 61
65, 71
165
29, 31–32, 165
26
3
3
66–68
14
67
144, 148, 151
141
15
16
18, 151, 203
3, 148
3, 23–24, 28, 148
3
11, 102
144, 148, 170–171
125
83, 85, 86
130
103
128
132
146
55, 57, 63
135
47–51, 129
70, 74, 79, 80, 81
134
133
131
92
136, 141, 143
29, 32, 94, 103
28
12
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
persons with powers of attorney for
recovery of money from
witnesses to use of common seal
See also Breaches; Disputes; Proxies
Lots (def.)
Lots affected by an owners corporation (def.)
Maintenance and repairs
common property
emergencies
fees
information in owners corporation certificates
lots
maintenance plans
alterations to common property permitted by
contents, preparation, approval
copies provided at first meeting
maintenance funds for
records
reports on
services
urgent repairs
Managers
appointment
88–89
30, 32, 49, 163
21
arranging of ballots by
carrying out of functions of secretary
convening, chairing of meetings by
delegations to, by
duties, functions (general)
immunity of volunteer managers
information in registers, certificates
orders to pay money
permission to carry on business of
professional indemnity insurance
reports
return of records held, controlled by
revocation, termination of appointment
See also Breaches; Disputes; VCAT
Managers – Registration
annual registration fees, statements for Authority
application of Fair Trading Act 1999
applications
cancellation
change of information in applications, statements
duration
eligibility
false, misleading information, documents
152
3
3
46, 49, 52–53
51
23–24, 28, 42
151
47–51, 129
52
36–38
67
33, 38, 40–45
144
39, 71
46, 47, 50, 129
24, 45, 52
71, 87, 119, 125,
165, 194
83
99
70, 74, 79, 108
11, 102, 120, 121,
124
120–122
123
148, 151
168
187
119, 126, 180, 193,
194
71, 120, 126
127
87, 119, 127, 165,
169, 194
183–185
199
180–181
185–186, 190, 194
188
182
179
189–190
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
fees
further information required
grant
persons deemed to be registered
register
registered managers (def.)
requirement to be registered
review of decisions regarding
surrender
Mediation
Meetings
annual general meetings
agenda, matters to be dealt with
convening of
election of, decisions regarding committees
financial statements, audits
notice of
reports presented at
180, 183, 185
181
182
187
165, 192–197
3
119, 178
191
194
161
requirement to hold
first meetings
minutes
participation by means of teleconferencing
procedure at general meetings
quorum
special general meetings
voting at
See also Committees; Polls; Proxies; Resolutions
Occupiers
See also Breaches; Disputes
Offences and penalties
penalties
proceedings for
regarding managers
regarding proxies, powers of attorney
Owners (def.)
Owners corporation certificates
Owners corporation disputes See Disputes
Owners corporation registers
contents, establishment, maintenance
copies provided at first meeting
definition
exemptions regarding information kept on
inspection
orders recorded in
orders restricting access to personal information
Owners corporations
definition
delegation of powers, functions
employees
execution of documents by
153
71
70
100, 103
34–35
72
39, 65, 71, 115,
126, 159
69
66–67, 70
20, 78, 81, 97, 144
80, 92
77–82
77–78
73–76, 78, 103
81, 87–89, 91–94
12, 51, 136–137,
141
166, 201
203
127, 178, 188, 189
89
3
151
147–149
67
3
170–171
150, 151
165
172
3
11, 87, 120, 121
9, 11
10
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
functions and powers (general)
limited owners corporations (def.)
limited to common property
must not carry on business
notices and orders served on, by
prescribed owners corporations
two-lot subdivisions
unlimited owners corporations (def.)
See also the names of specific subjects, e.g. Insurance
Personal information
Personal property
Plans of subdivision
copies provided at first meeting
definition
duties of applicants for registration
Polls
See also Ballots; Resolutions
Power of attorney
Proceedings See Legal proceedings
Proxies
as committee members
authorisation
must not be required of lot owners
names in minutes of meetings
records of
right to
voting by
Public liability insurance See Insurance
Records
keeping, inspection of
of ballots
orders restricting access to personal information in
provided at first meeting
return to secretary
Register
Registers
See Managers – Registration;
Owners corporation registers; Register
Registrar
Regulations
Resolutions
ballots for
copies with records, owners corporation certificates
interim resolutions
making, passing of
matters to be determined only by resolution
not passed, of no effect
of committees
text in minutes of meetings
text in notice of ballots
to authorise use of common seal
3, 4–6
3
8
13
144, 148, 151
3, 34–36, 65
7
3
154
172
16
3
67
3
66–68, 147
92, 95–96
88–89
87, 103
87–88
89
81
144
72, 76, 80, 85
87–89, 92–94
144–146
86
172
67
127
3, 142, 165
3, 142, 165
67, 139, 204
83–86
144, 151
78
86, 90, 92
82, 101
92–93
108, 111–114
81
85
20
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
to borrow money
to pay money out of maintenance fund
to take out additional insurance
voting on
See also Special resolutions; Unanimous resolutions
Restitution orders
Rules
amendments
copies
definition
details in owners corporation registers
model rules
of no effect if inconsistent with law
persons, bodies bound by
power to make, amend, and matters provided for
recordings in Register
VCAT orders regarding
See also Breaches
Secretaries
arranging of ballots
convening of meetings by
delegation
election
of committees
petitions against interim special resolutions to
return of records held by manager to
VCAT orders regarding
Services
information in owners corporation certificates
maintenance and repair
provision of
Special fees and charges
See Fees, contributions and levies
Special general meetings See Meetings
Special resolutions
interim special resolutions
passing of
required for, in relation to
borrowing of money
confirmation of appointment of manager
extraordinary fees
leases, licences
legal proceedings
payments out of maintenance fund
rules
services to lot owners, occupiers
significant alterations to, upgrading works for
common property
text included in notice of meetings
two-lot subdivisions
voting rights of lot owners in arrears
25
43
62
81, 86–94, 144
155
165
3, 142
136, 142–144, 151
3
148
139
140
141
138, Sch. 1
142
165
83
70, 74
11
99
99, 107–109, 114
97
127
165
151
46, 47, 50, 129
12
97
86, 96
25
87
24
14–15
18
44
138
12
52–53
72, 76
7
94
Owners Corporations Act 2006
Act No. 69/2006
Subject
Section
Subdivision Act 1988
Transitional provisions
Two-lot subdivisions
Unanimous resolutions
exemptions from requirement to have
passing of
text included in notice of meetings
two-lot subdivisions
voting rights of lot owners in arrears
Valuations and valuers' reports
VCAT
applications to, orders, jurisdiction regarding
administrators
breaches
206–216
205, Sch. 2
7
disputes
exemptions
managers
operation of owners corporations
payment of money by owners corporation
recovery of money from lot owners
restriction of access to personal information
special resolutions not required for certain
applications to
Victorian Property Fund
Voting See Committees; Meetings; Resolutions
156
170–171
86, 95
72, 76
7
94
65, 71
173–176
153, 157, 159, 162,
164–166
162–169
170–171
125, 162, 165, 168,
169, 191, 194
162, 165
165, 168
30, 32, 163
172
18
201